2021 New York Laws
PBH - Public Health
Article 29-CC - Family Health Care Decisions Act
2994-F - Obligations of Attending Practitioner.

§  2994-f.  Obligations  of  attending  practitioner.  1. An attending
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, nurse  practitioner  or  physician  assistant,  if
necessary, or promptly refer the matter to the ethics review committee.
  2.  If  an  attending  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 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  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.