N.Y. Public Health Law § 2997-c: Palliative care patient information

§ 2997-c. Palliative care patient information. 1. Definitions. As used

in this section, the following terms shall have the following meanings,

unless the context clearly requires otherwise:

(a) "Appropriate" means consistent with applicable legal, health and

professional standards; the patient's clinical and other circumstances;

and the patient's reasonably known wishes and beliefs.

(b) "Attending health care practitioner" means a physician or nurse

practitioner who has primary responsibility for the care and treatment

of the patient. Where more than one physician or nurse practitioner

share that responsibility, each of them has responsibility under this

section, unless they agree to assign that responsibility to one of them.

(c) "Palliative care" means health care treatment, including

interdisciplinary end-of-life care, and consultation with patients and

family members, to prevent or relieve pain and suffering and to enhance

the patient's quality of life, including hospice care under article

forty of this chapter.

(d) "Terminal illness or condition" means an illness or condition

which can reasonably be expected to cause death within six months,

whether or not treatment is provided.

2. If a patient is diagnosed with a terminal illness or condition, the

patient's attending health care practitioner shall offer to provide the

patient with:

(a) information and counseling regarding palliative care and

end-of-life options appropriate to the patient, including but not

limited to: the range of options appropriate to the patient; the

prognosis, risks and benefits of the various options; and the patient's

legal rights to comprehensive pain and symptom management at the end of

life, and

(b) information regarding other appropriate treatment options should

the patient wish to initiate or continue treatment. The information and

counseling may be provided orally or in writing. Where the patient lacks

capacity to reasonably understand and make informed choices relating to

palliative care, the attending health care practitioner shall provide

information and counseling under this section to a person with authority

to make health care decisions for the patient. The attending health care

practitioner may arrange for information and counseling under this

section to be provided by another professionally qualified individual,

and

(c) information and counseling regarding benefits of completing a

health care proxy and appointing a health care agent. A copy of the

newly completed or existing health care proxy shall be requested by the

health care practitioner and made a part of the patient's medical

record.

3. Where the attending health care practitioner is not willing or does

not feel qualified to provide the patient with information and

counseling under this section, he or she shall arrange for another

physician or nurse practitioner to do so, or shall refer or transfer the

patient to another physician or nurse practitioner willing to do so.