2972. Dispute mediation system. *1. (a) Each hospital shall establish a mediation system for the purpose of mediating disputes regarding the issuance of orders not to resuscitate.
(b) The dispute mediation system shall be described in writing and adopted by the hospital's governing authority. It may utilize existing hospital resources, such as a patient advocate's office or hospital chaplain's office, or it may utilize a body created specifically for this purpose, but, in the event a dispute involves a patient deemed to lack capacity pursuant to (i) paragraph (b) of subdivision three of section twenty-nine hundred sixty-three of this article, the system must include a physician eligible to provide a concurring determination pursuant to such subdivision, or a family member or guardian of the person of a person with a mental illness of the same or similar nature, or (ii) paragraph (c) of subdivision three of section twenty-nine hundred sixty-three of this article, the system must include a physician eligible to provide a concurring determination pursuant to such subdivision, or a family member or guardian of the person of a person with a developmental disability of the same or similar nature.
* NB Effective until May 28, 2018
* 1. (a) Each hospital shall establish a mediation system for the purpose of mediating disputes regarding the issuance of orders not to resuscitate.
(b) The dispute mediation system shall be described in writing and adopted by the hospital's governing authority. It may utilize existing hospital resources, such as a patient advocate's office or hospital chaplain's office, or it may utilize a body created specifically for this purpose, but, in the event a dispute involves a patient deemed to lack capacity pursuant to (i) paragraph (b) of subdivision three of section twenty-nine hundred sixty-three of this article, the system must include a physician or nurse practitioner eligible to provide a concurring determination pursuant to such subdivision, or a family member or guardian of the person of a person with a mental illness of the same or similar nature, or (ii) paragraph (c) of subdivision three of section twenty-nine hundred sixty-three of this article, the system must include a physician or nurse practitioner eligible to provide a concurring determination pursuant to such subdivision, or a family member or guardian of the person of a person with a developmental disability of the same or similar nature.
* NB Effective May 28, 2018
* 2. The dispute mediation system shall be authorized to mediate any dispute, including disputes regarding the determination of the patient's capacity, arising under this article between the patient and an attending physician or the hospital that is caring for the patient and, if the patient is a minor, the patient's parent, or among an attending physician, a parent, non-custodial parent, or legal guardian of a minor patient, any person on the surrogate list, and the hospital that is caring for the patient.
* NB Effective until May 28, 2018
* 2. The dispute mediation system shall be authorized to mediate any dispute, including disputes regarding the determination of the patient's capacity, arising under this article between the patient and an attending physician, attending nurse practitioner or the hospital that is caring for the patient and, if the patient is a minor, the patient's parent, or among an attending physician, an attending nurse practitioner, a parent, non-custodial parent, or legal guardian of a minor patient, any person on the surrogate list, and the hospital that is caring for the patient.
* NB Effective May 28, 2018
3. After a dispute regarding the issuance of an order not to resuscitate has been submitted to the dispute mediation system, an order not to resuscitate shall not be issued or shall be revoked and may not be reissued until (a) the dispute has been resolved or the system has concluded its effort to resolve the dispute or (b) seventy-two hours have elapsed from the time of the submission of the dispute, whichever shall occur first. Persons participating in the dispute mediation system shall be informed of their right to judicial review.
* 4. If a dispute between a patient who expressed a decision rejecting cardiopulmonary resuscitation and an attending physician or the hospital that is caring for the patient is submitted to the dispute mediation system, and either:
(a) the dispute mediation system has concluded its efforts to resolve the dispute, or
(b) seventy-two hours have elapsed from the time of submission without resolution of the dispute, whichever shall occur first, the attending physician shall either: (i) promptly issue an order not to resuscitate the patient or issue the order at such time as the conditions, if any, specified in the decision are met, and inform the hospital staff responsible for the patient's care of the order; or (ii) promptly arrange for the transfer of the patient to another physician or hospital.
* NB Effective until May 28, 2018
* 4. If a dispute between a patient who expressed a decision rejecting cardiopulmonary resuscitation and an attending physician, attending nurse practitioner or the hospital that is caring for the patient is submitted to the dispute mediation system, and either:
(a) the dispute mediation system has concluded its efforts to resolve the dispute, or
(b) seventy-two hours have elapsed from the time of submission without resolution of the dispute, whichever shall occur first, the attending physician or attending nurse practitioner shall either: (i) promptly issue an order not to resuscitate the patient or issue the order at such time as the conditions, if any, specified in the decision are met, and inform the hospital staff responsible for the patient's care of the order; or (ii) promptly arrange for the transfer of the patient to another physician, nurse practitioner or hospital.
* NB Effective May 28, 2018
5. Persons appointed pursuant to this section to participate in the dispute mediation system shall not have authority to determine whether a do not resuscitate order shall be issued.
Last modified: February 3, 2019