* § 2994-f. Obligations of attending physician. 1. An attending\nphysician informed of a decision to withdraw or withhold life-sustaining\ntreatment made pursuant to the standards of this article shall record\nthe decision in the patient's medical record, review the medical basis\nfor the decision, and shall either: (a) implement the decision, or (b)\npromptly make his or her objection to the decision and the reasons for\nthe objection known to the decision-maker, and either make all\nreasonable efforts to arrange for the transfer of the patient to another\nphysician, if necessary, or promptly refer the matter to the ethics\nreview committee.\n 2. If an attending physician has actual notice of the following\nobjections or disagreements, he or she shall promptly refer the matter\nto the ethics review committee if the objection or disagreement cannot\notherwise be resolved:\n (a) A health or social services practitioner consulted for a\nconcurring determination that an adult patient lacks decision-making\ncapacity disagrees with the attending physician's determination; or\n (b) Any person on the surrogate list objects to the designation of the\nsurrogate pursuant to subdivision one of section twenty-nine hundred\nninety-four-d of this article; or\n (c) Any person on the surrogate list objects to a surrogate's\ndecision; or\n (d) A parent or guardian of a minor patient objects to the decision by\nanother parent or guardian of the minor; or\n (e) A minor patient refuses life-sustaining treatment, and the minor's\nparent or guardian wishes the treatment to be provided, or the minor\npatient objects to an attending physician's determination about\ndecision-making capacity or recommendation about life-sustaining\ntreatment.\n 3. Notwithstanding the provisions of this section or subdivision one\nof section twenty-nine hundred ninety-four-q of this article, if a\nsurrogate directs the provision of life-sustaining treatment, the denial\nof which in reasonable medical judgment would be likely to result in the\ndeath of the patient, a hospital or individual health care provider that\ndoes not wish to provide such treatment shall nonetheless comply with\nthe surrogate's decision pending either transfer of the patient to a\nwilling hospital or individual health care provider, or judicial review\nin accordance with section twenty-nine hundred ninety-four-r of this\narticle.\n * NB Effective until May 28, 2018\n * § 2994-f. Obligations of attending physician or attending nurse\npractitioner. 1. An attending physician or attending nurse practitioner\ninformed of a decision to withdraw or withhold life-sustaining treatment\nmade pursuant to the standards of this article shall record the decision\nin the patient's medical record, review the medical basis for the\ndecision, and shall either: (a) implement the decision, or (b) promptly\nmake his or her objection to the decision and the reasons for the\nobjection known to the decision-maker, and either make all reasonable\nefforts to arrange for the transfer of the patient to another physician\nor nurse practitioner, if necessary, or promptly refer the matter to the\nethics review committee.\n 2. If an attending physician or attending nurse practitioner has\nactual notice of the following objections or disagreements, he or she\nshall promptly refer the matter to the ethics review committee if the\nobjection or disagreement cannot otherwise be resolved:\n (a) A health or social services practitioner consulted for a\nconcurring determination that an adult patient lacks decision-making\ncapacity disagrees with the attending physician's or attending nurse\npractitioner's determination; or\n (b) Any person on the surrogate list objects to the designation of the\nsurrogate pursuant to subdivision one of section twenty-nine hundred\nninety-four-d of this article; or\n (c) Any person on the surrogate list objects to a surrogate's\ndecision; or\n (d) A parent or guardian of a minor patient objects to the decision by\nanother parent or guardian of the minor; or\n (e) A minor patient refuses life-sustaining treatment, and the minor's\nparent or guardian wishes the treatment to be provided, or the minor\npatient objects to an attending physician's or attending nurse\npractitioner's determination about decision-making capacity or\nrecommendation about life-sustaining treatment.\n 3. Notwithstanding the provisions of this section or subdivision one\nof section twenty-nine hundred ninety-four-q of this article, if a\nsurrogate directs the provision of life-sustaining treatment, the denial\nof which in reasonable medical judgment would be likely to result in the\ndeath of the patient, a hospital or individual health care provider that\ndoes not wish to provide such treatment shall nonetheless comply with\nthe surrogate's decision pending either transfer of the patient to a\nwilling hospital or individual health care provider, or judicial review\nin accordance with section twenty-nine hundred ninety-four-r of this\narticle.\n * NB Effective May 28, 2018\n
§ 2994-f. Obligations of attending practitioner. 1. An attending\npractitioner informed of a decision to withdraw or withhold\nlife-sustaining treatment made pursuant to the standards of this article\nshall record the decision in the patient's medical record, review the\nmedical basis for the decision, and shall either: (a) implement the\ndecision, or (b) promptly make his or her objection to the decision and\nthe reasons for the objection known to the decision-maker, and either\nmake all reasonable efforts to arrange for the transfer of the patient\nto another physician, nurse practitioner or physician assistant, if\nnecessary, or promptly refer the matter to the ethics review committee.\n 2. If an attending practitioner has actual notice of the following\nobjections or disagreements, he or she shall promptly refer the matter\nto the ethics review committee if the objection or disagreement cannot\notherwise be resolved:\n (a) A health or social services practitioner consulted for a\nconcurring determination that an adult patient lacks decision-making\ncapacity disagrees with the attending practitioner's determination; or\n (b) Any person on the surrogate list objects to the designation of the\nsurrogate pursuant to subdivision one of section twenty-nine hundred\nninety-four-d of this article; or\n (c) Any person on the surrogate list objects to a surrogate's\ndecision; or\n (d) A parent or guardian of a minor patient objects to the decision by\nanother parent or guardian of the minor; or\n (e) A minor patient refuses life-sustaining treatment, and the minor's\nparent or guardian wishes the treatment to be provided, or the minor\npatient objects to an attending practitioner's determination about\ndecision-making capacity or recommendation about life-sustaining\ntreatment.\n 3. Notwithstanding the provisions of this section or subdivision one\nof section twenty-nine hundred ninety-four-q of this article, if a\nsurrogate directs the provision of life-sustaining treatment, the denial\nof which in reasonable medical judgment would be likely to result in the\ndeath of the patient, a hospital or individual health care provider that\ndoes not wish to provide such treatment shall nonetheless comply with\nthe surrogate's decision pending either transfer of the patient to a\nwilling hospital or individual health care provider, or judicial review\nin accordance with section twenty-nine hundred ninety-four-r of this\narticle.\n
