N.Y. Public Health Law § 2899-m: Permissible refusals and prohibitions

§ 2899-m. Permissible refusals and prohibitions. 1. (a) A physician,

nurse, pharmacist, other health care provider or other person shall not

be under any duty, by law or contract, to participate in the provision

of medication to a patient under this article.

(b) If a health care provider is unable or unwilling to participate in

the provision of medication to a patient under this article and the

patient transfers care to a new health care provider, the prior health

care provider shall transfer or arrange for the transfer, upon request,

of a copy of the patient's relevant medical records to the new health

care provider.

2. (a) A private health care facility may prohibit the prescribing,

dispensing, ordering or self-administering of medication under this

article while the patient is being treated in the health care facility

or in an affiliated facility that is majority-owned, operated, or

controlled by the same corporate entity as the health care facility, or

while the patient is residing in the health care facility if:

(i) the prescribing, dispensing, ordering or self-administering is

contrary to a formally adopted policy of the health care facility that

is expressly based on sincerely held religious beliefs or moral

convictions central to the health care facility's operating principles;

and

(ii) the health care facility has informed the patient of such policy

prior to admission or as soon as reasonably possible.

(b) Where a health care facility has adopted a prohibition under this

subdivision, if a patient who wishes to use medication under this

article requests, the patient shall be transferred promptly to another

health care facility that is reasonably accessible under the

circumstances and willing to permit the prescribing, dispensing,

ordering and self-administering of medication under this article with

respect to the patient.

(b-1) A health care facility or an affiliated facility that is

majority-owned, operated, or controlled by the same corporate entity as

the health care facility that has adopted a prohibition under this

subdivision may restrict any employee from participating in the

provision of medication under this article.

(c) Where a health care facility has adopted a prohibition under this

subdivision, any health care provider or employee or independent

contractor of the health care facility or any facility that is

majority-owned, operated, or controlled by the same corporate entity as

the health care facility who violates the prohibition may be subject to

sanctions otherwise available to the health care facility, provided the

health care facility has previously notified the health care provider,

employee or independent contractor of the prohibition in writing.

3. Nothing in this section shall be construed to restrict a patient at

home from accessing care under this article.