New York Public Health Law Article 29-B - ORDERS NOT TO RESUSCITATE FOR RESIDENTS OF MENTAL HYGIENE FACILITIES

• 2960 - Legislative Findings and Purpose.
  * The legislature finds that, although cardiopulmonary resuscitation has proved invaluable in the prevention of sudden, unexpected death, it is appropriate for an attending physician,...
• 2961 - Definitions.
  The following words or phrases, as used in this article, shall have the following meanings unless the context otherwise requires: 1. "Adult" means any person...
• 2962 - Presumption in Favor of Resuscitation; Lawfulness of Order; Effectiveness of Order; Duty to Provide Information; No Duty to Expand Equipment.
  1. Every person admitted to a hospital shall be presumed to consent to the administration of cardiopulmonary resuscitation in the event of cardiac or respiratory...
• 2963 - Determination of Capacity to Make a Decision Regarding Cardiopulmonary Resuscitation.
  * 1. Every adult shall be presumed to have the capacity to make a decision regarding cardiopulmonary resuscitation unless determined otherwise pursuant to this section...
• 2964 - Decision-Making by an Adult With Capacity.
  1. (a) The consent of an adult with capacity must be obtained prior to issuing an order not to resuscitate, except as provided in subdivision...
• 2965 - Surrogate Decision-Making.
  1. (a) The consent of a surrogate or health care agent acting on behalf of an adult patient who lacks capacity or on behalf of...
• 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...
• 2967 - Decision-Making on Behalf of a Minor Patient.
  * 1. An attending physician, in consultation with a minor's parent or legal guardian, shall determine whether a minor has the capacity to make a...
• 2968 - Effect of Order Not to Resuscitate on Other Treatment.
  Consent to the issuance of an order not to resuscitate shall not constitute consent to withhold or withdraw medical treatment other than cardiopulmonary resuscitation.
• 2969 - Revocation of Consent to Order Not to Resuscitate.
  * 1. A person may, at any time, revoke his or her consent to an order not to resuscitate himself or herself by making either...
• 2970 - Physician and Nurse Practitioner Review of the Order Not to Resuscitate.
  * 2970. Physician review of the order not to resuscitate. 1. For each patient for whom an order not to resuscitate has been issued, the...
• 2971 - Interinstitutional Transfers.
  * If a patient for whom an order not to resuscitate has been issued is transferred from a hospital to a different hospital the order...
• 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...
• 2973 - Judicial Review.
  * 1. The patient, an attending physician, a parent, non-custodial parent, or legal guardian of a minor patient, any person on the surrogate list, the...
• 2974 - Immunity.
  1. No physician, health care professional, nurse's aide, hospital or person employed by or under contract with the hospital shall be subject to criminal prosecution,...
• 2975 - Effect of Order Not to Resuscitate on Insurance and Health Care Services.
  1. No policy of life insurance shall be legally impaired, modified, or invalidated in any manner by the issuance of an order not to resuscitate...
• 2976 - Judicially Approved Order Not to Resuscitate.
  * 1. If no surrogate is reasonably available, willing to make a decision regarding issuance of an order not to resuscitate, and competent to make...
• 2978 - Regulations.
  The commissioners of mental health and mental retardation and developmental disabilities shall establish such regulations as may be necessary for implementation of this article with...
• 2979 - Rights to Be Publicized.
  1. The commissioners of mental health and mental retardation and developmental disabilities shall prepare a statement summarizing the rights, duties, and requirements of this article...

Last modified: February 3, 2019