N.Y. Public Health Law § 2994-b: Applicability; priority of certain other surrogate decision-making laws and regulations

§ 2994-b. Applicability; priority of certain other surrogate

decision-making laws and regulations. 1. This article shall apply to

health care decisions regarding health care provided in a hospital, and

to decisions regarding hospice care without regard to where the decision

is made or where the care is provided, for a patient who lacks

decision-making capacity, except as limited by this section.

1-a. This article shall also apply to decisions regarding orders not

to resuscitate for a patient who lacks decision-making capacity in a

hospital as defined by section 1.03 of the mental hygiene law.

2. Prior to seeking or relying upon a health care decision by a

surrogate for a patient under this article, the attending practitioner

shall make reasonable efforts to determine whether the patient has a

health care agent appointed pursuant to article twenty-nine-C of this

chapter. If so, health care decisions for the patient shall be governed

by such article, and shall have priority over decisions by any other

person except the patient or as otherwise provided in the health care

proxy.

3. Prior to seeking or relying upon a health care decision by a

surrogate for a patient under this article, if the attending

practitioner has reason to believe that the patient has a history of

receiving services for an intellectual or developmental disability; it

reasonably appears to the attending practitioner that the patient has an

intellectual or developmental disability; or the practitioner in a

general hospital has reason to believe that the patient has been

temporarily transferred from a mental hygiene facility operated or

licensed by the office of mental health or the office for people with

developmental disabilities, then such physician, nurse practitioner or

physician assistant shall make reasonable efforts to determine whether

paragraph (a), (b) or (c) of this subdivision is applicable:

(a) If the patient has a guardian appointed by a court pursuant to

article seventeen-A of the surrogate's court procedure act, health care

decisions for the patient shall be governed by section seventeen hundred

fifty-b of the surrogate's court procedure act and not by this article.

(b) If a patient does not have a guardian appointed by a court

pursuant to article seventeen-A of the surrogate's court procedure act

but falls within the class of persons described in paragraph (a) of

subdivision one of section seventeen hundred fifty-b of such act,

decisions to withdraw or withhold life-sustaining treatment for the

patient shall be governed by section seventeen hundred fifty-b of the

surrogate's court procedure act and not by this article.

(c) If a health care decision for a patient cannot be made under

paragraphs (a) or (b) of this subdivision, but consent for the decision

may be provided pursuant to the mental hygiene law or regulations of the

office of mental health or the office for people with developmental

disabilities, then the decision shall be governed by such statute or

regulations and not by this article.

4. If, after reasonable efforts, it is determined that a health care

decision for the patient cannot be made pursuant to subdivision two or

three of this section, then the health care decision shall be made

pursuant to this article.