N.Y. Public Health Law § 2994-f: Obligations of attending practitioner

§ 2994-f. Obligations of attending practitioner. 1. An attending

practitioner informed of a decision to withdraw or withhold

life-sustaining treatment made pursuant to the standards of this article

shall record the decision in the patient's medical record, review the

medical basis for the decision, and shall either: (a) implement the

decision, or (b) promptly make his or her objection to the decision and

the reasons for the objection known to the decision-maker, and either

make all reasonable efforts to arrange for the transfer of the patient

to another physician, nurse practitioner or physician assistant, if

necessary, or promptly refer the matter to the ethics review committee.

2. If an attending practitioner has actual notice of the following

objections or disagreements, he or she shall promptly refer the matter

to the ethics review committee if the objection or disagreement cannot

otherwise be resolved:

(a) A health or social services practitioner consulted for a

concurring determination that an adult patient lacks decision-making

capacity disagrees with the attending practitioner's determination; or

(b) Any person on the surrogate list objects to the designation of the

surrogate pursuant to subdivision one of section twenty-nine hundred

ninety-four-d of this article; or

(c) Any person on the surrogate list objects to a surrogate's

decision; or

(d) A parent or guardian of a minor patient objects to the decision by

another parent or guardian of the minor; or

(e) A minor patient refuses life-sustaining treatment, and the minor's

parent or guardian wishes the treatment to be provided, or the minor

patient objects to an attending practitioner's determination about

decision-making capacity or recommendation about life-sustaining

treatment.

3. Notwithstanding the provisions of this section or subdivision one

of section twenty-nine hundred ninety-four-q of this article, if a

surrogate directs the provision of life-sustaining treatment, the denial

of which in reasonable medical judgment would be likely to result in the

death of the patient, a hospital or individual health care provider that

does not wish to provide such treatment shall nonetheless comply with

the surrogate's decision pending either transfer of the patient to a

willing hospital or individual health care provider, or judicial review

in accordance with section twenty-nine hundred ninety-four-r of this

article.