2010 New York Code
PBH - Public Health
Article 29-CC - (2994-A - 2994-U) FAMILY HEALTH CARE DECISIONS ACT
2994-M - Ethics review committees.

§  2994-m.  Ethics  review  committees.  1. Establishment of an ethics
  review committee, written policy. Each hospital shall establish at least
  one ethics review committee or participate in an ethics review committee
  that serves more than one hospital, and shall  adopt  a  written  policy
  governing committee functions, composition, and procedure, in accordance
  with  the  requirements  of  this  article.  A hospital may designate an
  existing committee, or subcommittee thereof, to carry out the  functions
  of the ethics review committee provided the requirements of this section
  are satisfied.
    2.  Functions  of  the  ethics review committee. (a) The ethics review
  committee shall consider and respond to any health care matter presented
  to it by a person connected with the case.
    (b) The ethics review committee response to a health care  matter  may
  include:
    (i) providing advice on the ethical aspects of proposed health care;
    (ii) making a recommendation about proposed health care; or
    (iii) providing assistance in resolving disputes about proposed health
  care.
    (c) Recommendations and advice by the ethics review committee shall be
  advisory  and  nonbinding,  except  as  specified in subdivision five of
  section  twenty-nine  hundred  ninety-four-d   of   this   article   and
  subdivision  three  of section twenty-nine hundred ninety-four-e of this
  article.
    3. Committee membership. The membership of  ethics  review  committees
  must  be  interdisciplinary  and  must include at least five members who
  have demonstrated an interest in or commitment to patient's rights or to
  the medical, public health, or social needs of those  who  are  ill.  At
  least  three  ethics  review  committee members must be health or social
  services practitioners, at least one of whom must be a registered  nurse
  and  one  of  whom  must  be  a physician. At least one member must be a
  person without any governance, employment  or  contractual  relationship
  with  the  hospital.  In a residential health care facility the facility
  must offer the  residents'  council  of  the  facility  (or  of  another
  facility  that participates in the committee) the opportunity to appoint
  up to two persons to the ethics review committee, none of whom may be  a
  resident  of or a family member of a resident of such facility, and both
  of whom shall be  persons  who  have  expertise  in  or  a  demonstrated
  commitment to patient rights or to the care and treatment of the elderly
  or  nursing home residents through professional or community activities,
  other than activities performed as a health care provider.
    4. Procedures for ethics review committee. (a)  These  procedures  are
  required  only  when:  (i)  the  ethics  review committee is convened to
  review a decision by a surrogate to withhold or withdraw life-sustaining
  treatment for: (A) a patient  in  a  residential  health  care  facility
  pursuant  to  paragraph  (b)  of subdivision five of section twenty-nine
  hundred ninety-four-d of this  article;  (B)  a  patient  in  a  general
  hospital  pursuant  to  paragraph  (c)  of  subdivision  five of section
  twenty-nine hundred ninety-four-d of this article; or (C) an emancipated
  minor patient pursuant  to  subdivision  three  of  section  twenty-nine
  hundred  ninety-four-e  of this article; or (ii) when a person connected
  with the case requests the ethics review committee to provide assistance
  in resolving a dispute about proposed  care.  Nothing  in  this  section
  shall  bar health care providers from first striving to resolve disputes
  through less  formal  means,  including  the  informal  solicitation  of
  ethical advice from any source.
    (b)(i)  A  person  connected  with  the case may not participate as an
  ethics review committee member in the consideration of that case.

(ii) The ethics review committee shall respond promptly,  as  required
  by  the  circumstances,  to  any  request  for assistance in resolving a
  dispute  or  consideration  of  a  decision  to  withhold  or   withdraw
  life-sustaining   treatment  pursuant  to  paragraphs  (b)  and  (c)  of
  subdivision  five  of  section twenty-nine hundred ninety-four-d of this
  article made by a person connected with the case.  The  committee  shall
  permit  persons  connected  with  the case to present their views to the
  committee, and to have the option of being  accompanied  by  an  advisor
  when participating in a committee meeting.
    (iii)  The ethics review committee shall promptly provide the patient,
  where there is any indication of the patient's ability to comprehend the
  information, the surrogate, other persons on the surrogate list directly
  involved in the decision or dispute regarding the  patient's  care,  any
  parent  or guardian of a minor patient directly involved in the decision
  or dispute regarding the minor patient's care, an  attending  physician,
  the  hospital,  and  other persons the committee deems appropriate, with
  the following:
    (A) notice of any pending case consideration concerning  the  patient,
  including,  for  patients,  persons  on  the surrogate list, parents and
  guardians, information about the ethics review  committee's  procedures,
  composition and function; and
    (B)  the  committee's  response  to  the  case,  including  a  written
  statement of the reasons for approving or disapproving  the  withholding
  or  withdrawal  of  life-sustaining  treatment  for decisions considered
  pursuant to subparagraph (ii) of paragraph (a) of  subdivision  five  of
  section   twenty-nine   hundred   ninety-four-d  of  this  article.  The
  committee's response to the case shall  be  included  in  the  patient's
  medical record.
    (iv)  Following  ethics  review  committee  consideration  of  a  case
  concerning the withdrawal or withholding of  life-sustaining  treatment,
  treatment   shall  not  be  withdrawn  or  withheld  until  the  persons
  identified in subparagraph (iii) of this paragraph have been informed of
  the committee's response to the case.
    5. Access to medical records and information; patient confidentiality.
  Ethics review committee members and consultants  shall  have  access  to
  medical  information  and  medical  records  necessary  to perform their
  function under this article. Any such information or  records  disclosed
  to  committee members, consultants, or others shall be kept confidential
  except to the extent  necessary  to  accomplish  the  purposes  of  this
  article or as otherwise provided by law.
    6.  Ethics review committee confidentiality. Notwithstanding any other
  provisions of law, the proceedings  and  records  of  an  ethics  review
  committee  shall  be  kept  confidential  and  shall  not be released by
  committee members, committee consultants, or other persons privy to such
  proceedings and records; the proceedings and records of an ethics review
  committee shall not be  subject  to  disclosure  or  inspection  in  any
  manner,  including  under  article  six  of  the  public officers law or
  article thirty-one of the civil practice law and rules; and,  no  person
  shall  testify  as  to  the  proceedings  or records of an ethics review
  committee,  nor  shall  such  proceedings  and  records   otherwise   be
  admissible  as  evidence  in any action or proceeding of any kind in any
  court or before any other tribunal,  board,  agency  or  person,  except
  that:
    (a)  Ethics review committee proceedings and records, in cases where a
  committee approves or disapproves of the withholding  or  withdrawal  of
  life-sustaining  treatment  pursuant  to  subdivision  five  of  section
  twenty-nine hundred ninety-four-d of this article, or subdivision  three

of  section  twenty-nine  hundred  ninety-four-e of this article, may be
  obtained by or released to the department;
    (b)  Nothing  in  this  subdivision  shall  prohibit  the patient, the
  surrogate, other persons on the surrogate list, or a parent or  guardian
  of  a minor patient from voluntarily disclosing, releasing or testifying
  about committee proceedings or records; and
    (c) Nothing in this subdivision shall prohibit the state commission on
  quality of care and advocacy for persons with disabilities or any agency
  or person within or under contract with the  commission  which  provides
  protection  and advocacy services from requiring any information, report
  or record from a hospital in accordance with the provisions  of  section
  45.09 of the mental hygiene law.