§ 2980. 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 is the parent of a child, or has married. 2. “Attending practitioner” means the physician, physician assistant, or nurse […]
§ 2983. Determination of lack of capacity to make health care decisions for the purpose of empowering agent. 1. Determination by attending practitioner. (a) A determination that a principal lacks capacity to make health care decisions shall be made by the attending practitioner to a reasonable degree of medical certainty. The determination shall be made […]
§ 2984. Provider’s obligations. 1. A health care provider who is provided with a health care proxy shall arrange for the proxy or a copy thereof to be inserted in the principal’s medical record if the health care proxy has not been included in such record. 2. A health care provider shall comply with health […]
§ 2985. Revocation. 1. Means of revoking proxy. (a) A competent adult may revoke a health care proxy by notifying the agent or a health care provider orally or in writing or by any other act evidencing a specific intent to revoke the proxy. (b) For the purposes of this section, every adult shall be […]
§ 2986. Immunity. 1. Provider immunity. No health care provider or employee thereof shall be subjected to criminal or civil liability, or be deemed to have engaged in unprofessional conduct, for honoring in good faith a health care decision by an agent, or for other actions taken in good faith pursuant to this article. 2. […]
§ 2987. Liability for health care costs. Liability for the cost of health care provided pursuant to an agent’s decision shall be the same as if the health care were provided pursuant to the principal’s decision.
§ 2988. Requiring or prohibiting execution of proxy. No person may require or prohibit the execution of a health care proxy by an individual as a condition for providing health care services or insurance to such individual.
§ 2989. Effect on other rights. 1. A competent adult’s failure to appoint a health care agent or to provide the agent with specific health care instructions pursuant to this article shall create no presumptions regarding the adult’s wishes about health care. 2. Nothing in this article creates, expands, diminishes, impairs or supersedes any authority […]
§ 2990. Proxies executed in other states. A health care proxy or similar instrument executed in another state or jurisdiction in compliance with the law of that state or jurisdiction shall be considered validly executed for purposes of this article.
§ 2991. Creation and use of proxies in residential health care and mental hygiene facilities. 1. Residential health care facilities and mental hygiene facilities shall establish procedures: (a) to provide information to adult residents about their right to create a health care proxy under this article; (b) to educate adult residents about the authority delegated […]
§ 2992. Special proceeding authorized. The health care provider, the conservator for, or committee of the principal, members of the principal’s family, a close friend of the principal as defined in subdivision five of section two thousand nine hundred sixty-one of this chapter, or the commissioner of health, mental health, or developmental disabilities may commence […]
§ 2993. Regulations. The commissioner of health, in consultation with the commissioners of the office of mental health and the office for people with developmental disabilities, shall establish such regulations as may be necessary for the implementation of this article, subject to the provisions of subdivision two of section two thousand nine hundred ninety-one of […]
§ 2994. Rights to be publicized. The commissioner of health shall prepare a statement summarizing the rights, duties and requirements of this article and shall require that a copy of such statement: 1. Be furnished to patients or their families at or prior to the time of admission to a hospital, and to each member […]
