2017 New York Laws
PBH - Public Health
Article 29-CC - Family Health Care Decisions Act
2994-N - Conscience Objections.
2994-n. Conscience objections. 1. Private hospitals. Nothing in this article shall be construed to require a private hospital to honor a health care decision made pursuant to this article if:
(a) The decision is contrary to a formally adopted policy of the hospital that is expressly based on sincerely held religious beliefs or sincerely held moral convictions central to the facility's operating principles;
(b) The hospital has informed the patient, family, or surrogate of such policy prior to or upon admission, if reasonably possible; and
(c) The patient is transferred promptly to another hospital that is reasonably accessible under the circumstances and willing to honor the decision and pending transfer the hospital complies with subdivision three of section twenty-nine hundred ninety-four-f of this article. If the patient's family or surrogate is unable or unwilling to arrange such a transfer, the hospital may intervene to facilitate such a transfer. If such a transfer is not effected, the hospital shall seek judicial relief in accordance with section twenty-nine hundred ninety-four-r of this article or honor the decision.
2. Individual health care providers. Nothing in this article shall be construed to require an individual as a health care provider to honor a health care decision made pursuant to this article if:
(a) the decision is contrary to the individual's sincerely held religious beliefs or sincerely held moral conviction; and
(b) the individual health care provider promptly informs the person who made the decision and the hospital of his or her refusal to honor the decision. In such event, the hospital shall promptly transfer responsibility for the patient to another individual health care provider willing to honor the decision. The individual health care provider shall cooperate in facilitating such transfer and comply with subdivision three of section twenty-nine hundred ninety-four-f of this article.