§ 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-j. Revocation of consent. 1. A patient, surrogate, or parent or guardian of a minor patient may at any time revoke his or her consent to withhold or withdraw life-sustaining treatment by informing an attending practitioner or a member of the medical or nursing staff of the revocation. 2. An attending practitioner informed of […]
§ 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 […]
§ 2994-l. Interinstitutional transfers. If a patient with an order to withhold or withdraw life-sustaining treatment is transferred from a mental hygiene facility to a hospital or from a hospital to a different hospital, any such order or plan shall remain effective until an attending practitioner first examines the transferred patient, whereupon an attending practitioner […]
§ 2994-m. Ethics review committees. 1. Establishment of an ethics review committee, written policy. Each hospital shall establish at least one ethics review committee or participate in an ethics review committee that serves more than one hospital, and shall adopt a written policy governing committee functions, composition, and procedure, in accordance with the requirements of […]
§ 2994-n. Conscience objections. 1. Private hospitals. Nothing in this article shall be construed to require a private hospital to honor a health care decision made pursuant to this article if: (a) The decision is contrary to a formally adopted policy of the hospital that is expressly based on sincerely held religious beliefs or sincerely […]
§ 2994-o. Immunity. 1. Ethics review committee. No person shall be subject to criminal or civil liability, or be deemed to have engaged in unprofessional conduct, for acts performed reasonably and in good faith pursuant to this article as a member of or as a consultant to an ethics review committee or as a participant […]
§ 2994-p. Liability for health care costs. Liability for the cost of health care provided to an adult patient pursuant to this article shall be the same as if the health care were provided pursuant to the patient’s decision. No person shall become liable for the cost of health care for a minor solely by […]
§ 2994-q. Effect on other rights. 1. Nothing in this article creates, expands, diminishes, impairs, or supersedes any authority that an individual may have under law to make or express decisions, wishes, or instructions regarding health care on his or her own behalf, including decisions about life-sustaining treatment. 2. Nothing in this article shall affect […]
§ 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. 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-t. Regulations. 1. The commissioner shall establish such regulations as may be necessary to implement this article. 2. The commissioner, in consultation with the commissioners of the office of mental health and the office for people with developmental disabilities, shall promulgate regulations identifying the credentials of health care professionals qualified to provide an independent […]
§ 2994-u. Rights to be publicized. The commissioner shall prepare a statement summarizing the rights, duties, and requirements of this article and shall require that a copy of such statement be furnished to patients or to persons on the surrogate list known to the hospital, or to the parents or guardians of minor patients, at […]
