New York Public Health Law Section 2966 - Decision-making on behalf of an adult patient without capacity for whom no surrogate is available.

*   2966.  Decision-making  on  behalf  of  an  adult patient without
  capacity for whom no surrogate is  available.  1.  If  no  surrogate  is
  reasonably  available,  willing to make a decision regarding issuance of
  an order not to resuscitate, and competent to make a decision  regarding
  issuance  of  an  order not to resuscitate on behalf of an adult patient
  who lacks capacity and who  had  not  previously  expressed  a  decision
  regarding  cardiopulmonary resuscitation, an attending physician (a) may
  issue an order  not  to  resuscitate  the  patient,  provided  that  the
  attending physician determines, in writing, that, to a reasonable degree
  of  medical  certainty,  resuscitation  would  be  medically futile, and
  another physician selected by a person authorized  by  the  hospital  to
  make  such selection, after personal examination of the patient, reviews
  and concurs in writing with such determination, or, (b) shall  issue  an
  order  not  to  resuscitate  the  patient,  provided  that,  pursuant to
  subdivision one of  section  twenty-nine  hundred  seventy-six  of  this
  article,  a  court has granted a judgment directing the issuance of such
  an order.
3. Notwithstanding any  other  provision  of  this  section,  where  a
  decision to consent to an order not to resuscitate has been made, notice
  of  the  decision  shall  be  given  to  the  patient where there is any
  indication of the patient's ability to comprehend such  notice.  If  the
  patient objects, an order not to resuscitate shall not be issued.
* NB Effective until May 28, 2018
*   2966.  Decision-making  on  behalf  of  an  adult patient without
  capacity for whom no surrogate is  available.  1.  If  no  surrogate  is
  reasonably  available,  willing to make a decision regarding issuance of
  an order not to resuscitate, and competent to make a decision  regarding
  issuance  of  an  order not to resuscitate on behalf of an adult patient
  who lacks capacity and who  had  not  previously  expressed  a  decision
  regarding  cardiopulmonary  resuscitation,  an  attending  physician  or
  attending nurse practitioner (a) may issue an order not  to  resuscitate
  the  patient,  provided  that the attending physician or attending nurse
  practitioner determines, in writing, that, to  a  reasonable  degree  of
  medical  certainty, resuscitation would be medically futile, and another
  physician or nurse practitioner selected by a person authorized  by  the
  hospital  to  make  such  selection,  after  personal examination of the
  patient, reviews and concurs in writing with such determination, or, (b)
  shall issue an order not to  resuscitate  the  patient,  provided  that,
  pursuant  to  subdivision one of section twenty-nine hundred seventy-six
  of this article, a court has granted a judgment directing  the  issuance
  of such an order.
2.  Notwithstanding  any  other  provision  of  this  section, where a
  decision to consent to an order not to resuscitate has been made, notice
  of the decision shall be  given  to  the  patient  where  there  is  any
  indication  of  the  patient's ability to comprehend such notice. If the
  patient objects, an order not to resuscitate shall not be issued.
* NB Effective May 28, 2018

Last modified: February 3, 2019