2013 New York Consolidated Laws
PBH - Public Health
Article 29-B - (2960 - 2979) ORDERS NOT TO RESUSCITATE FOR RESIDENTS OF MENTAL HYGIENE FACILITIES
2962 - Presumption in favor of resuscitation; lawfulness of order; effectiveness of order; duty to provide information; no duty to expand equipment.

 
    §  2962.  Presumption  in favor of resuscitation; lawfulness of order;
  effectiveness of order; duty to provide information; no duty  to  expand
  equipment.  1.  Every person admitted to a hospital shall be presumed to
  consent to the administration of cardiopulmonary  resuscitation  in  the
  event  of  cardiac or respiratory arrest, unless there is consent to the
  issuance of an order not to resuscitate as provided in this article.
    2. It shall be lawful for the attending physician to  issue  an  order
  not  to  resuscitate  a patient, provided that the order has been issued
  pursuant to the  requirements  of  this  article.  The  order  shall  be
  included  in writing in the patient's chart. An order not to resuscitate
  shall be effective upon issuance.
    3. Before obtaining, pursuant to this  article,  the  consent  of  the
  patient, or of the surrogate of the patient, or parent or legal guardian
  of  the  minor  patient,  to  an order not to resuscitate, the attending
  physician shall provide to the person giving consent  information  about
  the  patient's diagnosis and prognosis, the reasonably foreseeable risks
  and benefits of cardiopulmonary resuscitation for the patient,  and  the
  consequences of an order not to resuscitate.
    4.  Nothing  in  this  article  shall require a hospital to expand its
  existing   equipment   and   facilities   to   provide   cardiopulmonary
  resuscitation.
    5.  (a)  The  provisions  of  article  twenty-nine-C  of this chapter,
  governing  health  care  proxies  and  agents,  take   precedence   over
  conflicting provisions of this article.
    (b)  When  a  patient  who has a health care agent lacks capacity, the
  agent shall have the rights and authority that a patient  with  capacity
  would  have  under this article, subject to the terms of the health care
  proxy and article twenty-nine-C of this chapter.