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.