N.Y. Public Health Law § 2994-n: Conscience objections

§ 2994-n. Conscience objections. 1. Private hospitals. Nothing in this

article shall be construed to require a private hospital to honor a

health care decision made pursuant to this article if:

(a) The decision is contrary to a formally adopted policy of the

hospital that is expressly based on sincerely held religious beliefs or

sincerely held moral convictions central to the facility's operating

principles;

(b) The hospital has informed the patient, family, or surrogate of

such policy prior to or upon admission, if reasonably possible; and

(c) The patient is transferred promptly to another hospital that is

reasonably accessible under the circumstances and willing to honor the

decision and pending transfer the hospital complies with subdivision

three of section twenty-nine hundred ninety-four-f of this article. If

the patient's family or surrogate is unable or unwilling to arrange such

a transfer, the hospital may intervene to facilitate such a transfer. If

such a transfer is not effected, the hospital shall seek judicial relief

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

article or honor the decision.

2. Individual health care providers. Nothing in this article shall be

construed to require an individual as a health care provider to honor a

health care decision made pursuant to this article if:

(a) the decision is contrary to the individual's sincerely held

religious beliefs or sincerely held moral conviction; and

(b) the individual health care provider promptly informs the person

who made the decision and the hospital of his or her refusal to honor

the decision. In such event, the hospital shall promptly transfer

responsibility for the patient to another individual health care

provider willing to honor the decision. The individual health care

provider shall cooperate in facilitating such transfer and comply with

subdivision three of section twenty-nine hundred ninety-four-f of this

article.