N.Y. Pub. Health Law § 2994-e

§ 2994-e. Decisions about life-sustaining treatment for minor\npatients. 1. Authority of parent or guardian. The parent or guardian of\na minor patient shall have the authority to make decisions about\nlife-sustaining treatment, including decisions to withhold or withdraw\nsuch treatment, subject to the provisions of this section and\nsubdivision five of section twenty-nine hundred ninety-four-d of this\narticle.\n * 2. Decision-making standards and procedures for minor patient. (a)\nThe parent or guardian of a minor patient shall make decisions in\naccordance with the minor's best interests, consistent with the\nstandards set forth in subdivision four of section twenty-nine hundred\nninety-four-d of this article, taking into account the minor's wishes as\nappropriate under the circumstances.\n (b) An attending physician, in consultation with a minor's parent or\nguardian, shall determine whether a minor patient has decision-making\ncapacity for a decision to withhold or withdraw life-sustaining\ntreatment. If the minor has such capacity, a parent's or guardian's\ndecision to withhold or withdraw life-sustaining treatment for the minor\nmay not be implemented without the minor's consent.\n (c) Where a parent or guardian of a minor patient has made a decision\nto withhold or withdraw life-sustaining treatment and an attending\nphysician has reason to believe that the minor patient has a parent or\nguardian who has not been informed of the decision, including a\nnon-custodial parent or guardian, an attending physician or someone\nacting on his or her behalf, shall make reasonable efforts to determine\nif the uninformed parent or guardian has maintained substantial and\ncontinuous contact with the minor and, if so, shall make diligent\nefforts to notify that parent or guardian prior to implementing the\ndecision.\n * NB Effective until May 28, 2018\n * 2. Decision-making standards and procedures for minor patient. (a)\nThe parent or guardian of a minor patient shall make decisions in\naccordance with the minor's best interests, consistent with the\nstandards set forth in subdivision four of section twenty-nine hundred\nninety-four-d of this article, taking into account the minor's wishes as\nappropriate under the circumstances.\n (b) An attending physician or attending nurse practitioner, in\nconsultation with a minor's parent or guardian, shall determine whether\na minor patient has decision-making capacity for a decision to withhold\nor withdraw life-sustaining treatment. If the minor has such capacity, a\nparent's or guardian's decision to withhold or withdraw life-sustaining\ntreatment for the minor may not be implemented without the minor's\nconsent.\n (c) Where a parent or guardian of a minor patient has made a decision\nto withhold or withdraw life-sustaining treatment and an attending\nphysician or attending nurse practitioner has reason to believe that the\nminor patient has a parent or guardian who has not been informed of the\ndecision, including a non-custodial parent or guardian, an attending\nphysician,attending nurse practitioner or someone acting on his or her\nbehalf, shall make reasonable efforts to determine if the uninformed\nparent or guardian has maintained substantial and continuous contact\nwith the minor and, if so, shall make diligent efforts to notify that\nparent or guardian prior to implementing the decision.\n * NB Effective May 28, 2018\n * 3. Decision-making standards and procedures for emancipated minor\npatient. (a) If an attending physician determines that a patient is an\nemancipated minor patient with decision-making capacity, the patient\nshall have the authority to decide about life-sustaining treatment. Such\nauthority shall include a decision to withhold or withdraw\nlife-sustaining treatment if an attending physician and the ethics\nreview committee determine that the decision accords with the standards\nfor surrogate decisions for adults, and the ethics review committee\napproves the decision.\n (b) If the hospital can with reasonable efforts ascertain the identity\nof the parents or guardian of an emancipated minor patient, the hospital\nshall notify such persons prior to withholding or withdrawing\nlife-sustaining treatment pursuant to this subdivision.\n * NB Effective until May 28, 2018\n * 3. Decision-making standards and procedures for emancipated minor\npatient. (a) If an attending physician or attending nurse practitioner\ndetermines that a patient is an emancipated minor patient with\ndecision-making capacity, the patient shall have the authority to decide\nabout life-sustaining treatment. Such authority shall include a decision\nto withhold or withdraw life-sustaining treatment if an attending\nphysician or attending nurse practitioner and the ethics review\ncommittee determine that the decision accords with the standards for\nsurrogate decisions for adults, and the ethics review committee approves\nthe decision.\n (b) If the hospital can with reasonable efforts ascertain the identity\nof the parents or guardian of an emancipated minor patient, the hospital\nshall notify such persons prior to withholding or withdrawing\nlife-sustaining treatment pursuant to this subdivision.\n * NB Effective May 28, 2018\n