2012 New York Consolidated Laws
PBH - Public Health
Article 29-B - (2960 - 2979) ORDERS NOT TO RESUSCITATE FOR RESIDENTS OF MENTAL HYGIENE FACILITIES
2967 - Decision-making on behalf of a minor patient.

 
    §  2967. Decision-making on behalf of a minor patient. 1. An attending
  physician, in consultation with a  minor's  parent  or  legal  guardian,
  shall  determine  whether  a  minor  has the capacity to make a decision
  regarding resuscitation.
    2. (a) The consent of a minor's  parent  or  legal  guardian  and  the
  consent  of the minor, if the minor has capacity, must be obtained prior
  to issuing an order not to resuscitate the minor.
    (b) Where the attending physician has reason to believe that there  is
  another  parent or a non-custodial parent who has not been informed of a
  decision to issue an order not to resuscitate the minor,  the  attending
  physician, or someone acting on behalf of the attending physician, shall
  make  reasonable  efforts  to  determine  if  the  uninformed  parent or
  non-custodial parent has maintained substantial and  continuous  contact
  with  the  minor  and, if so, shall make diligent efforts to notify that
  parent or non-custodial parent of the  decision  prior  to  issuing  the
  order.
    3.  A  parent  or  legal  guardian  may  consent  to  an  order not to
  resuscitate on behalf of a minor  only  if  there  has  been  a  written
  determination  by  the attending physician, with the written concurrence
  of another physician selected by a person authorized by the hospital  to
  make  such  selections  given after personal examination of the patient,
  that, to a reasonable degree of medical  certainty,  the  minor  suffers
  from  one  of  the  medical  conditions  set  forth  in paragraph (c) of
  subdivision three of section  twenty-nine  hundred  sixty-five  of  this
  article.  Each  determination shall be included in the patient's medical
  chart.
    4. (a) A parent or legal guardian of a minor,  in  making  a  decision
  regarding   cardiopulmonary  resuscitation,  shall  consider  the  minor
  patient's wishes, including  a  consideration  of  the  minor  patient's
  religious  and moral beliefs, and shall express a decision consenting to
  issuance of an order not to resuscitate either (i) in writing, dated and
  signed in the presence of one witness eighteen years of age or older who
  shall sign the decision, or (ii) orally, to two persons  eighteen  years
  of age or older, one of whom is a physician affiliated with the hospital
  in  which  the  patient  is  being  treated.  Any such decision shall be
  recorded in the patient's medical chart.
    (b) The attending physician who is provided with  the  decision  of  a
  minor's   parent   or   legal   guardian,  expressed  pursuant  to  this
  subdivision, and of the minor if the minor has capacity,  shall  include
  such decision or decisions in the minor's medical chart and shall comply
  with  the  provisions  of  paragraph  (b) of subdivision four of section
  twenty-nine hundred sixty-five of this article.
    (c) If the attending physician has actual notice of the opposition  of
  a  parent  or  non-custodial  parent  to consent by another parent to an
  order not to resuscitate a minor, the physician shall submit the  matter
  to  the  dispute  mediation system and such order shall not be issued or
  shall be revoked in accordance with the provisions of subdivision  three
  of section twenty-nine hundred seventy-two of this article.