N.Y. Public Health Law § 2994-l: Interinstitutional transfers

§ 2994-l. Interinstitutional transfers. 1. If a patient with an order

to withhold or withdraw life-sustaining treatment is transferred from a

mental hygiene facility to a hospital or from a hospital to a different

hospital, any such order or plan shall remain effective until an

attending practitioner first examines the transferred patient, whereupon

an attending practitioner must either:

(a) Issue appropriate orders to continue the prior order or plan. Such

orders may be issued without obtaining another consent to withhold or

withdraw life-sustaining treatment pursuant to this article; or

(b) Cancel such order, if the attending practitioner determines that

the order is no longer appropriate or authorized. Before canceling the

order the attending practitioner shall make reasonable efforts to notify

the person who made the decision to withhold or withdraw treatment and

the hospital staff directly responsible for the patient's care of any

such cancellation. If such notice cannot reasonably be made prior to

canceling the order or plan, the attending practitioner shall make such

notice as soon as reasonably practicable after cancellation.

2. Orders to withhold or withdraw life-sustaining treatment shall

remain effective and no affirmative action by a general hospital shall

be required pursuant to this section where a patient is transferred

within a general hospital between a medical unit and a ward, wing, unit,

or other part of the general hospital which is operated for the purpose

of providing services for persons with mental illness pursuant to an

operating certificate issued by the commissioner of mental health.