2010 New York Code
PBH - Public Health
Article 29-CC - (2994-A - 2994-U) FAMILY HEALTH CARE DECISIONS ACT
2994-F - Obligations of attending physician.

§   2994-f.  Obligations  of  attending  physician.  1.  An  attending
  physician informed of a decision to withdraw or withhold life-sustaining
  treatment made pursuant to the standards of this  article  shall  record
  the  decision  in the patient's medical record, review the medical basis
  for the decision, and shall either: (a) implement the decision,  or  (b)
  promptly  make  his or her objection to the decision and the reasons for
  the  objection  known  to  the  decision-maker,  and  either  make   all
  reasonable efforts to arrange for the transfer of the patient to another
  physician,  if  necessary,  or  promptly  refer the matter to the ethics
  review committee.
    2. If an attending  physician  has  actual  notice  of  the  following
  objections  or  disagreements, he or she shall promptly refer the matter
  to the ethics review committee if the objection or  disagreement  cannot
  otherwise be resolved:
    (a)   A  health  or  social  services  practitioner  consulted  for  a
  concurring determination that an  adult  patient  lacks  decision-making
  capacity disagrees with the attending physician's determination; or
    (b) Any person on the surrogate list objects to the designation of the
  surrogate  pursuant  to  subdivision  one of section twenty-nine hundred
  ninety-four-d of this article; or
    (c) Any  person  on  the  surrogate  list  objects  to  a  surrogate's
  decision; or
    (d) A parent or guardian of a minor patient objects to the decision by
  another parent or guardian of the minor; or
    (e) A minor patient refuses life-sustaining treatment, and the minor's
  parent  or  guardian  wishes  the treatment to be provided, or the minor
  patient  objects  to  an  attending  physician's   determination   about
  decision-making   capacity   or   recommendation  about  life-sustaining
  treatment.
    3. Notwithstanding the provisions of this section or  subdivision  one
  of  section  twenty-nine  hundred  ninety-four-q  of  this article, if a
  surrogate directs the provision of life-sustaining treatment, the denial
  of which in reasonable medical judgment would be likely to result in the
  death of the patient, a hospital or individual health care provider that
  does not wish to provide such treatment shall  nonetheless  comply  with
  the  surrogate's  decision  pending  either transfer of the patient to a
  willing hospital or individual health care provider, or judicial  review
  in  accordance  with  section  twenty-nine hundred ninety-four-r of this
  article.

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