N.Y. Public Health Law § 4306-a: Advanced directives and health care proxies

§ 4306-a. Advanced directives and health care proxies. 1. If a

prospective donor in a hospital has a declaration or advance health care

directive and terms of the declaration, directive or proxy document

concerning life-sustaining treatment are in conflict with the express or

implied terms of a potential anatomical gift with regard to the

administration of measures necessary to ensure the medical suitability

of a part for transplantation or therapy, the prospective donor's

attending physician and the prospective donor shall confer to resolve

the conflict. For purposes of this section, an advance directive shall

mean a written or oral instruction by the adult patient relating to the

provision of health care to the patient when an adult becomes

incapacitated, including but not limited to a health care proxy, a

consent to the issuance of an order not to resuscitate or other orders

for life-sustaining treatment recorded in a patient's medical record, or

a legally-recognized statement of wishes or beliefs.

2. If such prospective donor is incapable of resolving the conflict,

and the patient in such declaration, directive, or proxy document did

not expressly reject being a donor, then the health care proxy acting

under the prospective donor's declaration, directive, or proxy or, if

none, a surrogate authorized to make health care decisions on behalf of

the patient, in accordance with the provisions of article twenty-nine-CC

of this chapter, shall act for the patient to resolve the conflict.

3. Such conflict must be resolved expeditiously. Information relevant

to the resolution of the conflict may be obtained from the appropriate

procurement organization and any other person authorized to make an

anatomical gift for the prospective donor described in subdivision two

of section forty-three hundred one of this article. Before resolution of

the conflict, measures necessary to ensure the medical suitability of

the part may not be withheld or withdrawn from the patient if

withholding or withdrawing the measures is not contraindicated by

appropriate end-of-life care.