* § 2994-cc. Consent to a nonhospital order not to resuscitate. 1. An\nadult with decision-making capacity, a health care agent, or a surrogate\nmay consent to a nonhospital order not to resuscitate orally to the\nattending physician or in writing. If a patient consents to a\nnonhospital order not to resuscitate while in a correctional facility,\nnotice of the patient's consent shall be given to the facility director\nand reasonable efforts shall be made to notify an individual designated\nby the patient to receive such notice prior to the issuance of the\nnonhospital order not to resuscitate. Notification to the facility\ndirector or the individual designated by the patient shall not delay\nissuance of a nonhospital order not to resuscitate.\n 2. Consent by a health care agent shall be governed by article\ntwenty-nine-C of this chapter.\n 3. Consent by a surrogate shall be governed by article twenty-nine-CC\nof this chapter, except that: (a) a second determination of capacity\nshall be made by a health or social services practitioner; and (b) the\nauthority of the ethics review committee set forth in article\ntwenty-nine-CC of this chapter shall apply only to nonhospital orders\nissued in a hospital.\n 4. (a) When the concurrence of a second physician is sought to fulfill\nthe requirements for the issuance of a nonhospital order not to\nresuscitate for patients in a correctional facility, such second\nphysician shall be selected by the chief medical officer of the\ndepartment of corrections and community supervision or his or her\ndesignee.\n (b) When the concurrence of a second physician is sought to fulfill\nthe requirements for the issuance of a nonhospital order not to\nresuscitate for hospice and home care patients, such second physician\nshall be selected by the hospice medical director or hospice nurse\ncoordinator designated by the medical director or by the home care\nservices agency director of patient care services, as appropriate to the\npatient.\n 5. Consent by a patient or a surrogate for a patient in a mental\nhygiene facility shall be governed by article twenty-nine-B of this\nchapter.\n * NB Effective until May 28, 2018\n * § 2994-cc. Consent to a nonhospital order not to resuscitate. 1. An\nadult with decision-making capacity, a health care agent, or a surrogate\nmay consent to a nonhospital order not to resuscitate orally to the\nattending physician or attending nurse practitioner or in writing. If a\npatient consents to a nonhospital order not to resuscitate while in a\ncorrectional facility, notice of the patient's consent shall be given to\nthe facility director and reasonable efforts shall be made to notify an\nindividual designated by the patient to receive such notice prior to the\nissuance of the nonhospital order not to resuscitate. Notification to\nthe facility director or the individual designated by the patient shall\nnot delay issuance of a nonhospital order not to resuscitate.\n 2. Consent by a health care agent shall be governed by article\ntwenty-nine-C of this chapter.\n 3. Consent by a surrogate shall be governed by article twenty-nine-CC\nof this chapter, except that: (a) a second determination of capacity\nshall be made by a health or social services practitioner; and (b) the\nauthority of the ethics review committee set forth in article\ntwenty-nine-CC of this chapter shall apply only to nonhospital orders\nissued in a hospital.\n 4. (a) When the concurrence of a second physician or nurse\npractitioner is sought to fulfill the requirements for the issuance of a\nnonhospital order not to resuscitate for patients in a correctional\nfacility, such second physician or nurse practitioner shall be selected\nby the chief medical officer of the department of corrections and\ncommunity supervision or his or her designee.\n (b) When the concurrence of a second physician or nurse practitioner\nis sought to fulfill the requirements for the issuance of a nonhospital\norder not to resuscitate for hospice and home care patients, such second\nphysician or nurse practitioner shall be selected by the hospice medical\ndirector or hospice nurse coordinator designated by the medical director\nor by the home care services agency director of patient care services,\nas appropriate to the patient.\n 5. Consent by a patient or a surrogate for a patient in a mental\nhygiene facility shall be governed by article twenty-nine-B of this\nchapter.\n * NB Effective May 28, 2018\n
§ 2994-cc. Consent to a nonhospital order not to resuscitate. 1. An\nadult with decision-making capacity, a health care agent, or a surrogate\nmay consent to a nonhospital order not to resuscitate orally to the\nattending practitioner or in writing. If a patient consents to a\nnonhospital order not to resuscitate while in a correctional facility,\nnotice of the patient's consent shall be given to the facility director\nand reasonable efforts shall be made to notify an individual designated\nby the patient to receive such notice prior to the issuance of the\nnonhospital order not to resuscitate. Notification to the facility\ndirector or the individual designated by the patient shall not delay\nissuance of a nonhospital order not to resuscitate.\n 2. Consent by a health care agent shall be governed by article\ntwenty-nine-C of this chapter.\n 3. Consent by a surrogate shall be governed by article twenty-nine-CC\nof this chapter, except that: (a) a second determination of capacity\nshall be made by a health or social services practitioner; and (b) the\nauthority of the ethics review committee set forth in article\ntwenty-nine-CC of this chapter shall apply only to nonhospital orders\nissued in a hospital.\n 4. (a) When the concurrence of a second physician, nurse practitioner\nor physician assistant is sought to fulfill the requirements for the\nissuance of a nonhospital order not to resuscitate for patients in a\ncorrectional facility, such second physician, nurse practitioner or\nphysician assistant shall be selected by the chief medical officer of\nthe department of corrections and community supervision or his or her\ndesignee.\n (b) When the concurrence of a second physician, nurse practitioner or\nphysician assistant is sought to fulfill the requirements for the\nissuance of a nonhospital order not to resuscitate for hospice and home\ncare patients, such second physician, nurse practitioner or physician\nassistant shall be selected by the hospice medical director or hospice\nnurse coordinator designated by the medical director or by the home care\nservices agency director of patient care services, as appropriate to the\npatient.\n 5. Consent by a patient or a surrogate for a patient in a residential\nfacility operated or licensed by the office of mental health, other than\na hospital as defined in section 1.03 of the mental hygiene law, shall\nbe governed by this article. Consent by a patient who is intellectually\nor otherwise developmentally disabled and is eligible for\nlife-sustaining treatment decision pursuant to section seventeen hundred\nfifty-b of the surrogate's court procedure act shall be governed by that\nsection.\n
