N.Y. Public Health Law § 2994-k: Implementation and review of decisions

§ 2994-k. Implementation and review of decisions. 1. Hospitals shall

adopt written policies requiring implementation and regular review of

decisions to withhold or withdrew life-sustaining treatment in

accordance with accepted medical standards. Hospitals shall also develop

policies in accord with accepted medical standards regarding

documentation of clinical determinations and decisions by surrogates and

health care providers pursuant to this article.

2. If a decision to withhold or withdraw life-sustaining treatment has

been made pursuant to this article, and an attending practitioner

determines at any time that the decision is no longer appropriate or

authorized because the patient has regained decision-making capacity or

because the patient's condition has otherwise improved, the physician,

nurse practitioner or physician assistant shall immediately:

(a) include such determination in the patient's medical record;

(b) cancel any orders or plans of care implementing the decision to

withhold or withdraw life-sustaining treatment;

(c) notify the person who made the decision to withhold or withdraw

treatment, or, if that person is not reasonably available, to at least

one person on the surrogate list highest in order of priority listed

when persons in prior classes are not reasonably available pursuant to

subdivision one of section twenty-nine hundred ninety-four-d of this

article; and

(d) notify the hospital staff directly responsible for the patient's

care of any cancelled orders or plans of care.