2994-k. Implementation and review of decisions. 1. Hospitals shall adopt written policies requiring implementation and regular review of decisions to withhold or withdrew life-sustaining treatment in accordance with accepted medical standards. Hospitals shall also develop policies in accord with accepted medical standards regarding documentation of clinical determinations and decisions by surrogates and health care providers pursuant to this article.
2. * If a decision to withhold or withdraw life-sustaining treatment has been made pursuant to this article, and an attending physician determines at any time that the decision is no longer appropriate or authorized because the patient has regained decision-making capacity or because the patient's condition has otherwise improved, the physician shall immediately:
* NB Effective until May 28, 2018
* If a decision to withhold or withdraw life-sustaining treatment has been made pursuant to this article, and an attending physician or attending nurse practitioner determines at any time that the decision is no longer appropriate or authorized because the patient has regained decision-making capacity or because the patient's condition has otherwise improved, the physician or nurse practitioner shall immediately:
* NB Effective May 28, 2018
(a) include such determination in the patient's medical record;
(b) cancel any orders or plans of care implementing the decision to withhold or withdraw life-sustaining treatment;
(c) notify the person who made the decision to withhold or withdraw treatment, or, if that person is not reasonably available, to at least one person on the surrogate list highest in order of priority listed when persons in prior classes are not reasonably available pursuant to subdivision one of section twenty-nine hundred ninety-four-d of this article; and
(d) notify the hospital staff directly responsible for the patient's care of any cancelled orders or plans of care.
Last modified: February 3, 2019