2019 New York Laws
PBH - Public Health
Article 29-B - 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 or  attending  nurse
practitioner  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 or attending nurse practitioner 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.