N.Y. Public Health Law § 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 residential

facility operated or licensed by the office of mental health, other than

a hospital as defined in section 1.03 of the mental hygiene law, shall

be governed by this article. Consent by a patient who is intellectually

or otherwise developmentally disabled and is eligible for

life-sustaining treatment decision pursuant to section seventeen hundred

fifty-b of the surrogate's court procedure act shall be governed by that

section.