2013 New York Consolidated Laws
PBH - Public Health
Article 29-B - (2960 - 2979) ORDERS NOT TO RESUSCITATE FOR RESIDENTS OF MENTAL HYGIENE FACILITIES
2972 - Dispute mediation system.

 
    § 2972. Dispute mediation system. 1. (a) Each hospital shall establish
  a  mediation  system for the purpose of mediating disputes regarding the
  issuance of orders not to resuscitate.
    (b) The dispute mediation system shall be  described  in  writing  and
  adopted  by  the hospital's governing authority. It may utilize existing
  hospital resources, such as a  patient  advocate's  office  or  hospital
  chaplain's  office,  or  it  may utilize a body created specifically for
  this purpose, but, in the event a dispute involves a patient  deemed  to
  lack  capacity  pursuant  to  (i)  paragraph (b) of subdivision three of
  section twenty-nine hundred sixty-three of this article, the system must
  include a physician  eligible  to  provide  a  concurring  determination
  pursuant  to  such  subdivision,  or  a family member or guardian of the
  person of a person with a mental illness of the same or similar  nature,
  or  (ii)  paragraph  (c)  of  subdivision  three  of section twenty-nine
  hundred sixty-three of this article, the system must include a physician
  eligible  to  provide  a  concurring  determination  pursuant  to   such
  subdivision,  or  a  family member or guardian of the person of a person
  with a developmental disability of the same or similar nature.
    2. The dispute mediation system shall be  authorized  to  mediate  any
  dispute, including disputes regarding the determination of the patient's
  capacity,  arising  under  this  article  between  the  patient  and  an
  attending physician or the hospital that is caring for the patient  and,
  if  the  patient is a minor, the patient's parent, or among an attending
  physician, a parent, non-custodial parent, or legal guardian of a  minor
  patient,  any  person  on  the  surrogate list, and the hospital that is
  caring for the patient.
    3. After  a  dispute  regarding  the  issuance  of  an  order  not  to
  resuscitate has been submitted to the dispute mediation system, an order
  not  to  resuscitate shall not be issued or shall be revoked and may not
  be reissued until (a) the dispute has been resolved or  the  system  has
  concluded  its  effort  to  resolve the dispute or (b) seventy-two hours
  have elapsed from the time of the submission of the  dispute,  whichever
  shall occur first. Persons participating in the dispute mediation system
  shall be informed of their right to judicial review.
    4.  If  a dispute between a patient who expressed a decision rejecting
  cardiopulmonary resuscitation and an attending physician or the hospital
  that is caring for the patient is submitted  to  the  dispute  mediation
  system, and either:
    (a)  the dispute mediation system has concluded its efforts to resolve
  the dispute, or
    (b) seventy-two hours have elapsed from the time of submission without
  resolution of the dispute, whichever shall occur  first,  the  attending
  physician  shall  either: (i) promptly issue an order not to resuscitate
  the patient or issue the order at such time as the conditions,  if  any,
  specified  in  the  decision  are  met,  and  inform  the hospital staff
  responsible for the patient's  care  of  the  order;  or  (ii)  promptly
  arrange  for  the  transfer  of  the  patient  to  another  physician or
  hospital.
    5. Persons appointed pursuant to this section to  participate  in  the
  dispute mediation system shall not have authority to determine whether a
  do not resuscitate order shall be issued.