2019 New York Laws
PBH - Public Health
Article 29-CC - Family Health Care Decisions Act
2994-F - Obligations of Attending Physician or Attending Nurse Practitioner.

§  2994-f.  Obligations  of  attending  physician  or  attending nurse
practitioner. 1. An attending physician or attending nurse  practitioner
informed of a decision to withdraw or withhold life-sustaining treatment
made pursuant to the standards of this article shall record the decision
in  the  patient's  medical  record,  review  the  medical basis for the
decision, and shall either: (a) implement the decision, or (b)  promptly
make  his  or  her  objection  to  the  decision and the reasons for the
objection known to the decision-maker, and either  make  all  reasonable
efforts  to arrange for the transfer of the patient to another physician
or nurse practitioner, if necessary, or promptly refer the matter to the
ethics review committee.
  2. If an attending  physician  or  attending  nurse  practitioner  has
actual  notice  of  the following objections or disagreements, he or she
shall promptly refer the matter to the ethics review  committee  if  the
objection or disagreement cannot otherwise be resolved:

(a) A health or social services practitioner consulted for a concurring determination that an adult patient lacks decision-making capacity disagrees with the attending physician's or attending nurse practitioner's determination; or

(b) Any person on the surrogate list objects to the designation of the surrogate pursuant to subdivision one of section twenty-nine hundred ninety-four-d of this article; or

(c) Any person on the surrogate list objects to a surrogate's decision; or

(d) A parent or guardian of a minor patient objects to the decision by another parent or guardian of the minor; or

(e) A minor patient refuses life-sustaining treatment, and the minor's parent or guardian wishes the treatment to be provided, or the minor patient objects to an attending physician's or attending nurse practitioner's determination about decision-making capacity or recommendation about life-sustaining treatment. 3. Notwithstanding the provisions of this section or subdivision one of section twenty-nine hundred ninety-four-q of this article, if a surrogate directs the provision of life-sustaining treatment, the denial of which in reasonable medical judgment would be likely to result in the death of the patient, a hospital or individual health care provider that does not wish to provide such treatment shall nonetheless comply with the surrogate's decision pending either transfer of the patient to a willing hospital or individual health care provider, or judicial review in accordance with section twenty-nine hundred ninety-four-r of this article.

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