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

 
    §  2994-dd.  Managing  a  nonhospital order not to resuscitate. 1. The
  attending physician shall record the issuance of a nonhospital order not
  to resuscitate in the patient's medical record.
    2. A nonhospital order not to  resuscitate  shall  be  issued  upon  a
  standard  form  prescribed  by  the commissioner. The commissioner shall
  also develop a standard bracelet that may be worn by a  patient  with  a
  nonhospital  order not to resuscitate to identify that status; provided,
  however, that no person may require a patient to wear  such  a  bracelet
  and  that  no  person may require a patient to wear such a bracelet as a
  condition for honoring a nonhospital order not  to  resuscitate  or  for
  providing health care services.
    3.  An  attending  physician who has issued a nonhospital order not to
  resuscitate, and who transfers care of the patient to another physician,
  shall inform the physician of the order.
    4. For each patient for whom a nonhospital order  not  to  resuscitate
  has  been issued, the attending physician shall review whether the order
  is still appropriate in light of the patient's condition each time he or
  she examines the patient, whether in the hospital or elsewhere,  but  at
  least  every  ninety  days, provided that the review need not occur more
  than once every seven days. The attending  physician  shall  record  the
  review  in  the  patient's  medical  record  provided,  however,  that a
  registered nurse who provides direct care to the patient may record  the
  review  in the medical record at the direction of the physician. In such
  case, the attending physician shall include a confirmation of the review
  in the patient's medical record within fourteen  days  of  such  review.
  Failure  to  comply with this subdivision shall not render a nonhospital
  order not to resuscitate ineffective.
    5.  A  person  who  has  consented  to  a  nonhospital  order  not  to
  resuscitate  may  at  any time revoke his or her consent to the order by
  any act evidencing a specific intent to revoke such consent. Any  health
  care  professional  informed of a revocation of consent to a nonhospital
  order not to resuscitate shall notify the  attending  physician  of  the
  revocation.  An  attending  physician who is informed that a nonhospital
  order not to resuscitate has been revoked shall record the revocation in
  the patient's medical record, cancel the order and make diligent efforts
  to retrieve the form issuing the order, and the  standard  bracelet,  if
  any.
    6.  The  commissioner may authorize the use of one or more alternative
  forms for issuing a nonhospital order not to resuscitate  (in  place  of
  the  standard  form prescribed by the commissioner under subdivision two
  of this section). Such alternative form or forms may  also  be  used  to
  issue  a  non-hospital do not intubate order. Any such alternative forms
  intended for use for persons with developmental disabilities or  persons
  with  mental  illness  who are incapable of making their own health care
  decisions or who have a guardian of the  person  appointed  pursuant  to
  article  eighty-one  of the mental hygiene law or article seventeen-A of
  the surrogate's court  procedure  act  must  also  be  approved  by  the
  commissioner of developmental disabilities or the commissioner of mental
  health, as appropriate. An alternative form under this subdivision shall
  otherwise   conform   with   applicable  federal  and  state  law.  This
  subdivision does not limit, restrict or impair the use of an alternative
  form for issuing an order not to resuscitate in a  general  hospital  or
  residential  health  care  facility  under  article twenty-eight of this
  chapter or a hospital under subdivision  ten  of  section  1.03  of  the
  mental hygiene law.