2012 New York Consolidated Laws
PBH - Public Health
Article 29-CCC - (2994-AA - 2994-GG) NONHOSPITAL ORDERS NOT TO RESUSCITATE
2994-CC - Consent to a nonhospital order not to resuscitate.

 
    §  2994-cc.  Consent  to a nonhospital order not to resuscitate. 1. An
  adult with decision-making capacity, a health care agent, or a surrogate
  may consent to a nonhospital order not  to  resuscitate  orally  to  the
  attending   physician  or  in  writing.  If  a  patient  consents  to  a
  nonhospital order not to resuscitate while in a  correctional  facility,
  notice  of the patient's consent shall be given to the facility director
  and reasonable efforts shall be made to notify an individual  designated
  by  the  patient  to  receive  such  notice prior to the issuance of the
  nonhospital order not  to  resuscitate.  Notification  to  the  facility
  director  or  the  individual  designated by the patient shall not delay
  issuance of a nonhospital order not to resuscitate.
    2. Consent by a  health  care  agent  shall  be  governed  by  article
  twenty-nine-C of this chapter.
    3.  Consent by a surrogate shall be governed by article twenty-nine-CC
  of this chapter, except that: (a) a  second  determination  of  capacity
  shall  be  made by a health or social services practitioner; and (b) the
  authority  of  the  ethics  review  committee  set  forth   in   article
  twenty-nine-CC  of  this  chapter shall apply only to nonhospital orders
  issued in a hospital.
    4. (a) When the concurrence of a second physician is sought to fulfill
  the requirements  for  the  issuance  of  a  nonhospital  order  not  to
  resuscitate  for  patients  in  a  correctional  facility,  such  second
  physician shall  be  selected  by  the  chief  medical  officer  of  the
  department  of  corrections  and  community  supervision  or  his or her
  designee.
    (b) When the concurrence of a second physician is  sought  to  fulfill
  the  requirements  for  the  issuance  of  a  nonhospital  order  not to
  resuscitate for hospice and home care patients,  such  second  physician
  shall  be  selected  by  the  hospice  medical director or hospice nurse
  coordinator designated by the medical  director  or  by  the  home  care
  services agency director of patient care services, as appropriate to the
  patient.
    5.  Consent  by  a  patient  or  a surrogate for a patient in a mental
  hygiene facility shall be governed  by  article  twenty-nine-B  of  this
  chapter.