* § 2994-dd. Managing a nonhospital order not to resuscitate. 1. The\nattending physician shall record the issuance of a nonhospital order not\nto resuscitate in the patient's medical record.\n 2. A nonhospital order not to resuscitate shall be issued upon a\nstandard form prescribed by the commissioner. The commissioner shall\nalso develop a standard bracelet that may be worn by a patient with a\nnonhospital order not to resuscitate to identify that status; provided,\nhowever, that no person may require a patient to wear such a bracelet\nand that no person may require a patient to wear such a bracelet as a\ncondition for honoring a nonhospital order not to resuscitate or for\nproviding health care services.\n 3. An attending physician who has issued a nonhospital order not to\nresuscitate, and who transfers care of the patient to another physician,\nshall inform the physician of the order.\n 4. For each patient for whom a nonhospital order not to resuscitate\nhas been issued, the attending physician shall review whether the order\nis still appropriate in light of the patient's condition each time he or\nshe examines the patient, whether in the hospital or elsewhere, but at\nleast every ninety days, provided that the review need not occur more\nthan once every seven days. The attending physician shall record the\nreview in the patient's medical record provided, however, that a\nregistered nurse who provides direct care to the patient may record the\nreview in the medical record at the direction of the physician. In such\ncase, the attending physician shall include a confirmation of the review\nin the patient's medical record within fourteen days of such review.\nFailure to comply with this subdivision shall not render a nonhospital\norder not to resuscitate ineffective.\n 5. A person who has consented to a nonhospital order not to\nresuscitate may at any time revoke his or her consent to the order by\nany act evidencing a specific intent to revoke such consent. Any health\ncare professional informed of a revocation of consent to a nonhospital\norder not to resuscitate shall notify the attending physician of the\nrevocation. An attending physician who is informed that a nonhospital\norder not to resuscitate has been revoked shall record the revocation in\nthe patient's medical record, cancel the order and make diligent efforts\nto retrieve the form issuing the order, and the standard bracelet, if\nany.\n 6. The commissioner may authorize the use of one or more alternative\nforms for issuing a nonhospital order not to resuscitate (in place of\nthe standard form prescribed by the commissioner under subdivision two\nof this section). Such alternative form or forms may also be used to\nissue a non-hospital do not intubate order. Any such alternative forms\nintended for use for persons with developmental disabilities or persons\nwith mental illness who are incapable of making their own health care\ndecisions or who have a guardian of the person appointed pursuant to\narticle eighty-one of the mental hygiene law or article seventeen-A of\nthe surrogate's court procedure act must also be approved by the\ncommissioner of developmental disabilities or the commissioner of mental\nhealth, as appropriate. An alternative form under this subdivision shall\notherwise conform with applicable federal and state law. This\nsubdivision does not limit, restrict or impair the use of an alternative\nform for issuing an order not to resuscitate in a general hospital or\nresidential health care facility under article twenty-eight of this\nchapter or a hospital under subdivision ten of section 1.03 of the\nmental hygiene law.\n * NB Effective until May 28, 2018\n * § 2994-dd. Managing a nonhospital order not to resuscitate. 1. The\nattending physician or attending nurse practitioner shall record the\nissuance of a nonhospital order not to resuscitate in the patient's\nmedical record.\n 2. A nonhospital order not to resuscitate shall be issued upon a\nstandard form prescribed by the commissioner. The commissioner shall\nalso develop a standard bracelet that may be worn by a patient with a\nnonhospital order not to resuscitate to identify that status; provided,\nhowever, that no person may require a patient to wear such a bracelet\nand that no person may require a patient to wear such a bracelet as a\ncondition for honoring a nonhospital order not to resuscitate or for\nproviding health care services.\n 3. An attending physician or attending nurse practitioner who has\nissued a nonhospital order not to resuscitate, and who transfers care of\nthe patient to another physician or nurse practitioner, shall inform the\nphysician or nurse practitioner of the order.\n 4. For each patient for whom a nonhospital order not to resuscitate\nhas been issued, the attending physician or attending nurse practitioner\nshall review whether the order is still appropriate in light of the\npatient's condition each time he or she examines the patient, whether in\nthe hospital or elsewhere, but at least every ninety days, provided that\nthe review need not occur more than once every seven days. The attending\nphysician or attending nurse practitioner shall record the review in the\npatient's medical record provided, however, that a registered nurse,\nother than the attending nurse practitioner, who provides direct care to\nthe patient may record the review in the medical record at the direction\nof the physician. In such case, the attending physician or attending\nnurse practitioner shall include a confirmation of the review in the\npatient's medical record within fourteen days of such review. Failure to\ncomply with this subdivision shall not render a nonhospital order not to\nresuscitate ineffective.\n 5. A person who has consented to a nonhospital order not to\nresuscitate may at any time revoke his or her consent to the order by\nany act evidencing a specific intent to revoke such consent. Any health\ncare professional, other than the attending physician or attending nurse\npractitioner, informed of a revocation of consent to a nonhospital order\nnot to resuscitate shall notify the attending physician or attending\nnurse practitioner of the revocation. An attending physician or\nattending nurse practitioner who is informed that a nonhospital order\nnot to resuscitate has been revoked shall record the revocation in the\npatient's medical record, cancel the order and make diligent efforts to\nretrieve the form issuing the order, and the standard bracelet, if any.\n 6. The commissioner may authorize the use of one or more alternative\nforms for issuing a nonhospital order not to resuscitate (in place of\nthe standard form prescribed by the commissioner under subdivision two\nof this section). Such alternative form or forms may also be used to\nissue a non-hospital do not intubate order. Any such alternative forms\nintended for use for persons with developmental disabilities or persons\nwith mental illness who are incapable of making their own health care\ndecisions or who have a guardian of the person appointed pursuant to\narticle eighty-one of the mental hygiene law or article seventeen-A of\nthe surrogate's court procedure act must also be approved by the\ncommissioner of developmental disabilities or the commissioner of mental\nhealth, as appropriate. An alternative form under this subdivision shall\notherwise conform with applicable federal and state law. This\nsubdivision does not limit, restrict or impair the use of an alternative\nform for issuing an order not to resuscitate in a general hospital or\nresidential health care facility under article twenty-eight of this\nchapter or a hospital under subdivision ten of section 1.03 of the\nmental hygiene law.\n * NB Effective May 28, 2018\n
§ 2994-dd. Managing a nonhospital order not to resuscitate. 1. The\nattending practitioner shall record the issuance of a nonhospital order\nnot to resuscitate in the patient's medical record.\n 2. A nonhospital order not to resuscitate shall be issued upon a\nstandard form prescribed by the commissioner. A standard bracelet or\nother article may be worn by a patient with a nonhospital order not to\nresuscitate to identify that status; provided, however, that no person\nmay require a patient to wear such an article and that no person may\nrequire a patient to wear such an article as a condition for honoring a\nnonhospital order not to resuscitate or for providing health care\nservices.\n 3. An attending practitioner who has issued a nonhospital order not to\nresuscitate, and who transfers care of the patient to another physician,\nnurse practitioner or physician assistant, shall inform the physician,\nnurse practitioner or physician assistant of the order.\n 4. For each patient for whom a nonhospital order not to resuscitate\nhas been issued, the attending practitioner shall review whether the\norder is still appropriate in light of the patient's condition each time\nhe or she examines the patient, whether in the hospital or elsewhere,\nbut at least every ninety days, provided that the review need not occur\nmore than once every seven days. The attending practitioner shall record\nthe review in the patient's medical record provided, however, that a\nphysician assistant or a registered nurse, other than the attending\nnurse practitioner, who provides direct care to the patient may record\nthe review in the medical record at the direction of the physician. In\nsuch case, the attending practitioner shall include a confirmation of\nthe review in the patient's medical record within fourteen days of such\nreview. Failure to comply with this subdivision shall not render a\nnonhospital order not to resuscitate ineffective.\n 5. A person who has consented to a nonhospital order not to\nresuscitate may at any time revoke his or her consent to the order by\nany act evidencing a specific intent to revoke such consent. Any health\ncare professional, other than the attending practitioner, informed of a\nrevocation of consent to a nonhospital order not to resuscitate shall\nnotify the attending practitioner of the revocation. An attending\npractitioner who is informed that a nonhospital order not to resuscitate\nhas been revoked shall record the revocation in the patient's medical\nrecord, cancel the order and make diligent efforts to retrieve the form\nissuing the order, and the standard bracelet, if any.\n 6. The commissioner may authorize the use of one or more alternative\nforms for issuing a nonhospital order not to resuscitate (in place of\nthe standard form prescribed by the commissioner under subdivision two\nof this section). Such alternative form or forms may also be used to\nissue a non-hospital do not intubate order. Any such alternative forms\nintended for use for persons with developmental disabilities or persons\nwith mental illness who are incapable of making their own health care\ndecisions or who have a guardian of the person appointed pursuant to\narticle eighty-one of the mental hygiene law or article seventeen-A of\nthe surrogate's court procedure act must also be approved by the\ncommissioner of developmental disabilities or the commissioner of mental\nhealth, as appropriate. An alternative form under this subdivision shall\notherwise conform with applicable federal and state law. This\nsubdivision does not limit, restrict or impair the use of an alternative\nform for issuing an order not to resuscitate in a general hospital or\nresidential health care facility under article twenty-eight of this\nchapter or a hospital under subdivision ten of section 1.03 of the\nmental hygiene law or a facility certified or operated by the office for\npeople with developmental disabilities.\n
