2994-R – Special Proceeding Authorized; Court Orders; Health Care Guardian for Minor Patient.
§ 2994-r. Special proceeding authorized; court orders; health care guardian for minor patient. 1. Special proceeding. Any person connected with the case and any member of the hospital ethics review committee may commence a special proceeding pursuant to article four of the civil practice law and rules in a court of competent jurisdiction with respect […]
2994-S – Remedy.
§ 2994-s. Remedy. 1. Any hospital, attending practitioner that refuses to honor a health care decision by a surrogate made pursuant to this article and in accord with the standards set forth in this article shall not be entitled to compensation for treatment, services, or procedures refused by the surrogate, except that this subdivision shall […]
2994-A – Definitions.
§ 2994-a. Definitions. The following words or phrases, used in this article, shall have the following meanings, unless the context otherwise requires: 1. “Adult” means any person who is eighteen years of age or older or has married. 2. “Attending practitioner” means a physician, nurse practitioner or physician assistant, selected by or assigned to a […]
2994-E – Decisions About Life-Sustaining Treatment for Minor Patients.
§ 2994-e. Decisions about life-sustaining treatment for minor patients. 1. Authority of parent or guardian. The parent or guardian of a minor patient shall have the authority to make decisions about life-sustaining treatment, including decisions to withhold or withdraw such treatment, subject to the provisions of this section and subdivision five of section twenty-nine hundred […]
2994-F – Obligations of Attending Practitioner.
§ 2994-f. Obligations of attending practitioner. 1. An attending practitioner informed of a decision to withdraw or withhold life-sustaining treatment made pursuant to the standards of this article shall record the decision in the patient’s medical record, review the medical basis for the decision, and shall either: (a) implement the decision, or (b) promptly make […]
2994-G – Health Care Decisions for Adult Patients Without Surrogates.
§ 2994-g. Health care decisions for adult patients without surrogates. 1. Identifying adult patients without surrogates. Within a reasonable time after admission as an inpatient to the hospital of each adult patient, the hospital shall make reasonable efforts to determine if the patient has appointed a health care agent or has a guardian, or if […]
2994-I – Specific Policies for Orders Not to Resuscitate.
§ 2994-i. Specific policies for orders not to resuscitate. An order not to resuscitate shall be written in the patient’s medical record. Consent to an order not to resuscitate shall not constitute consent to withhold or withdraw treatment other than cardiopulmonary resuscitation.
2994-B – Applicability; Priority of Certain Other Surrogate Decision-Making Laws and Regulations.
§ 2994-b. Applicability; priority of certain other surrogate decision-making laws and regulations. 1. This article shall apply to health care decisions regarding health care provided in a hospital, and to decisions regarding hospice care without regard to where the decision is made or where the care is provided, for a patient who lacks decision-making capacity, […]
2994-C – Determination of Incapacity.
§ 2994-c. Determination of incapacity. 1. Presumption of capacity. For purposes of this article, every adult shall be presumed to have decision-making capacity unless determined otherwise pursuant to this section or pursuant to court order, or unless a guardian is authorized to decide about health care for the adult pursuant to article eighty-one of the […]
2994-D – Health Care Decisions for Adult Patients by Surrogates.
§ 2994-d. Health care decisions for adult patients by surrogates. 1. Identifying the surrogate. One person from the following list from the class highest in priority when persons in prior classes are not reasonably available, willing, and competent to act, shall be the surrogate for an adult patient who lacks decision-making capacity. However, such person […]