2021 New York Laws
PBH - Public Health
Article 29-CCC - Nonhospital Orders Not to Resuscitate
2994-CC - Consent to a Nonhospital Order Not to Resuscitate.

§  2994-cc.  Consent  to a nonhospital order not to resuscitate. 1. An
adult with decision-making capacity, a health care agent, or a surrogate
may consent to a nonhospital order not  to  resuscitate  orally  to  the
attending  practitioner  or  in  writing.  If  a  patient  consents to a
nonhospital order not to resuscitate while in a  correctional  facility,
notice  of the patient's consent shall be given to the facility director
and reasonable efforts shall be made to notify an individual  designated
by  the  patient  to  receive  such  notice prior to the issuance of the
nonhospital order not  to  resuscitate.  Notification  to  the  facility
director  or  the  individual  designated by the patient shall not delay
issuance of a nonhospital order not to resuscitate.
  2. Consent by a  health  care  agent  shall  be  governed  by  article
twenty-nine-C of this chapter.
  3.  Consent by a surrogate shall be governed by article twenty-nine-CC
of this chapter, except that: (a) a  second  determination  of  capacity
shall  be  made by a health or social services practitioner; and (b) the
authority  of  the  ethics  review  committee  set  forth   in   article
twenty-nine-CC  of  this  chapter shall apply only to nonhospital orders
issued in a hospital.
  4. (a) When the concurrence of a second physician, nurse  practitioner
or  physician  assistant  is  sought to fulfill the requirements for the
issuance of a nonhospital order not to resuscitate  for  patients  in  a
correctional  facility,  such  second  physician,  nurse practitioner or
physician assistant shall be selected by the chief  medical  officer  of
the  department  of  corrections and community supervision or his or her
designee.
  (b) When the concurrence of a second physician, nurse practitioner  or
physician  assistant  is  sought  to  fulfill  the  requirements for the
issuance of a nonhospital order not to resuscitate for hospice and  home
care  patients,  such  second physician, nurse practitioner or physician
assistant shall be selected by the hospice medical director  or  hospice
nurse coordinator designated by the medical director or by the home care
services agency director of patient care services, as appropriate to the
patient.
  5.  Consent  by  a  patient  or  a surrogate for a patient in a mental
hygiene facility shall be governed  by  article  twenty-nine-B  of  this
chapter.