2019 New York Laws
PBH - Public Health
Article 29-CC - Family Health Care Decisions Act
2994-B - Applicability; Priority of Certain Other Surrogate Decision-Making Laws and Regulations.

§   2994-b.   Applicability;   priority  of  certain  other  surrogate
decision-making laws and regulations. 1. This  article  shall  apply  to
health  care decisions regarding health care provided in a hospital, and
to decisions regarding hospice care without regard to where the decision
is made or  where  the  care  is  provided,  for  a  patient  who  lacks
decision-making capacity, except as limited by this section.
  2.  Prior  to  seeking  or  relying  upon  a health care decision by a
surrogate for a patient under this article, the attending  physician  or
attending  nurse practitioner shall make reasonable efforts to determine
whether the patient has  a  health  care  agent  appointed  pursuant  to
article  twenty-nine-C of this chapter. If so, health care decisions for
the patient shall be governed by such article, and shall  have  priority
over  decisions  by  any other person except the patient or as otherwise
provided in the health care proxy.
  3. Prior to seeking or relying  upon  a  health  care  decision  by  a
surrogate  for  a patient under this article, if the attending physician
or attending nurse practitioner has reason to believe that  the  patient
has  a  history  of  receiving  services  for  mental  retardation  or a
developmental  disability;  it  reasonably  appears  to  the   attending
physician  or  attending  nurse practitioner that the patient has mental
retardation or a developmental disability; or the attending physician or
attending nurse practitioner has reason to believe that the patient  has
been  transferred from a mental hygiene facility operated or licensed by
the office of mental health, then such physician or  nurse  practitioner
shall  make  reasonable efforts to determine whether paragraphs (a), (b)
or (c) of this subdivision are applicable:
  (a) If the patient has a guardian appointed by  a  court  pursuant  to
article  seventeen-A of the surrogate's court procedure act, health care
decisions for the patient shall be governed by section seventeen hundred
fifty-b of the surrogate's court procedure act and not by this article.
  (b) If a patient does  not  have  a  guardian  appointed  by  a  court
pursuant  to  article seventeen-A of the surrogate's court procedure act
but falls within the class of persons  described  in  paragraph  (a)  of
subdivision  one  of  section  seventeen  hundred  fifty-b  of such act,
decisions to withdraw or  withhold  life-sustaining  treatment  for  the
patient  shall  be  governed by section seventeen hundred fifty-b of the
surrogate's court procedure act and not by this article.
  (c) If a health care decision for  a  patient  cannot  be  made  under
paragraphs  (a) or (b) of this subdivision, but consent for the decision
may be provided pursuant to the mental hygiene law or regulations of the
office of mental health or the  office  for  people  with  developmental
disabilities,  then  the  decision  shall be governed by such statute or
regulations and not by this article.
  4. If, after reasonable efforts, it is determined that a  health  care
decision  for  the patient cannot be made pursuant to subdivision two or
three of this section, then the  health  care  decision  shall  be  made
pursuant to this article.