2020 New York Laws
PBH - Public Health
Article 43 - Anatomical Gifts
4306-A - Advanced Directives in Health Care Proxies.

§  4306-a.  Advanced  directives  and  health  care proxies.   1. If a
  prospective donor in a hospital has a declaration or advance health care
  directive and terms of the  declaration,  directive  or  proxy  document
  concerning life-sustaining treatment are in conflict with the express or
  implied  terms  of  a  potential  anatomical  gift  with  regard  to the
  administration of measures necessary to ensure the  medical  suitability
  of  a  part  for  transplantation  or  therapy,  the prospective donor's
  attending physician and the prospective donor shall  confer  to  resolve
  the  conflict.  For purposes of this section, an advance directive shall
  mean a written or oral instruction by the adult patient relating to  the
  provision   of  health  care  to  the  patient  when  an  adult  becomes
  incapacitated, including but not limited  to  a  health  care  proxy,  a
  consent  to  the issuance of an order not to resuscitate or other orders
  for life-sustaining treatment recorded in a patient's medical record, or
  a legally-recognized statement of wishes or beliefs.
2. If such prospective donor is incapable of resolving  the  conflict,
  and  the  patient  in such declaration, directive, or proxy document did
  not expressly reject being a donor, then the health  care  proxy  acting
  under  the  prospective  donor's declaration, directive, or proxy or, if
  none, a surrogate authorized to make health care decisions on behalf  of
  the patient, in accordance with the provisions of article twenty-nine-CC
  of this chapter, shall act for the patient to resolve the conflict.
3.  Such conflict must be resolved expeditiously. Information relevant
  to the resolution of the conflict may be obtained from  the  appropriate
  procurement  organization  and  any  other  person authorized to make an
  anatomical gift for the prospective donor described in  subdivision  two
  of section forty-three hundred one of this article. Before resolution of
  the  conflict,  measures  necessary to ensure the medical suitability of
  the  part  may  not  be  withheld  or  withdrawn  from  the  patient  if
  withholding  or  withdrawing  the  measures  is  not  contraindicated by
  appropriate end-of-life care.