2022 New York Laws
PBH - Public Health
Article 29-B - Orders Not to Resuscitate for Residents of Mental Hygiene Facilities
2970 - Physician, Nurse Practitioner and Physician Assistant Review of the Order Not to Resuscitate.

§  2970.  Physician, nurse practitioner and physician assistant review
of the order not to resuscitate. 1. For each patient for whom  an  order
not  to  resuscitate  has  been issued, the attending practitioner shall
review  the  patient's  chart  to  determine  if  the  order  is   still
appropriate  in  light  of the patient's condition and shall indicate on
the patient's chart that the order  has  been  reviewed  each  time  the
patient  is  required to be seen by a physician but at least every sixty
days.
  Failure to comply with this subdivision shall not render an order  not
to resuscitate ineffective.
  2.  (a)  If  the attending practitioner determines at any time that an
order not to resuscitate is no longer appropriate because the  patient's
medical  condition  has  improved,  the physician, nurse practitioner or
physician assistant shall immediately notify the person who consented to
the order. Except as provided in paragraph (b) of this  subdivision,  if
such  person  declines  to  revoke  consent to the order, the physician,
nurse practitioner  or  physician  assistant  shall  promptly  (i)  make
reasonable efforts to arrange for the transfer of the patient to another
physician or (ii) submit the matter to the dispute mediation system.
  (b)  If the order not to resuscitate was entered upon the consent of a
surrogate, parent, or legal guardian and the attending practitioner  who
issued  the order, or, if unavailable, another attending practitioner at
any time determines that the patient does not suffer  from  one  of  the
medical  conditions  set  forth in paragraph (c) of subdivision three of
section twenty-nine hundred sixty-five of this  article,  the  attending
practitioner   shall  immediately  include  such  determination  in  the
patient's chart, cancel the order, and notify the person  who  consented
to  the  order and all hospital staff responsible for the patient's care
of the cancellation.
  (c) If an order not to resuscitate was entered upon the consent  of  a
surrogate  and  the  patient  at any time gains or regains capacity, the
attending practitioner who issued the order, or, if unavailable, another
attending practitioner shall immediately cancel the order and notify the
person who consented to  the  order  and  all  hospital  staff  directly
responsible for the patient's care of the cancellation.