2019 New York Laws
PBH - Public Health
Article 29-B - Orders Not to Resuscitate for Residents of Mental Hygiene Facilities
2970 - Physician and Nurse Practitioner Review of the Order Not to Resuscitate.
§ 2970. Physician and nurse practitioner review of the order not to resuscitate. 1. For each patient for whom an order not to resuscitate has been issued, the attending physician or attending nurse practitioner shall review the patient's chart to determine if the order is still appropriate in light of the patient's condition and shall indicate on the patient's chart that the order has been reviewed each time the patient is required to be seen by a physician but at least every sixty days. Failure to comply with this subdivision shall not render an order not to resuscitate ineffective. 2. (a) If the attending physician or attending nurse practitioner determines at any time that an order not to resuscitate is no longer appropriate because the patient's medical condition has improved, the physician or nurse practitioner shall immediately notify the person who consented to the order. Except as provided in paragraph (b) of this subdivision, if such person declines to revoke consent to the order, the physician or nurse practitioner shall promptly (i) make reasonable efforts to arrange for the transfer of the patient to another physician or (ii) submit the matter to the dispute mediation system.(b) If the order not to resuscitate was entered upon the consent of a surrogate, parent, or legal guardian and the attending physician or attending nurse practitioner who issued the order, or, if unavailable, another attending physician or attending nurse practitioner at any time determines that the patient does not suffer from one of the medical conditions set forth in paragraph (c) of subdivision three of section twenty-nine hundred sixty-five of this article, the attending physician or attending nurse practitioner shall immediately include such determination in the patient's chart, cancel the order, and notify the person who consented to the order and all hospital staff responsible for the patient's care of the cancellation.
(c) If an order not to resuscitate was entered upon the consent of a surrogate and the patient at any time gains or regains capacity, the attending physician or attending nurse practitioner who issued the order, or, if unavailable, another attending physician or attending nurse practitioner shall immediately cancel the order and notify the person who consented to the order and all hospital staff directly responsible for the patient's care of the cancellation.
