N.Y. Public Health Law 2970 – Physician, nurse practitioner and physician assistant review of the order not to resuscitate
* § 2970. Physician, nurse practitioner and physician assistant review of the order not to resuscitate. 1. For each patient for whom an order not to resuscitate has been issued, the attending practitioner shall review the patient's chart to determine if the order is still appropriate in light of the patient's condition and shall indicate on the patient's chart that the order has been reviewed each time the patient is required to be seen by a physician but at least every sixty days.
Terms Used In N.Y. Public Health Law 2970
- Attending practitioner: means the physician, nurse practitioner, or physician assistant, licensed or certified pursuant to title eight of the education law, selected by or assigned to a patient in a hospital who has primary responsibility for the treatment and care of the patient. See N.Y. Public Health Law 2961
- Capacity: means the ability to understand and appreciate the nature and consequences of an order not to resuscitate, including the benefits and disadvantages of such an order, and to reach an informed decision regarding the order. See N.Y. Public Health Law 2961
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Hospital: means a hospital as defined in subdivision ten of § 1. See N.Y. Public Health Law 2961
- Nurse practitioner: means a nurse practitioner certified pursuant to § 6910 of the education law who is practicing in accordance with subdivision three of § 6902 of the education law. See N.Y. Public Health Law 2961
- Order not to resuscitate: means an order not to attempt cardiopulmonary resuscitation in the event a patient suffers cardiac or respiratory arrest. See N.Y. Public Health Law 2961
- Parent: means a parent who has custody of the minor. See N.Y. Public Health Law 2961
- Patient: means a person admitted to a hospital. See N.Y. Public Health Law 2961
- Surrogate: means the person selected to make a decision regarding resuscitation on behalf of another person pursuant to section twenty-nine hundred sixty-five of this article. See N.Y. Public Health Law 2961
Failure to comply with this subdivision shall not render an order not to resuscitate ineffective.
2. (a) If the attending practitioner determines at any time that an order not to resuscitate is no longer appropriate because the patient's medical condition has improved, the physician, nurse practitioner or physician assistant shall immediately notify the person who consented to the order. Except as provided in paragraph (b) of this subdivision, if such person declines to revoke consent to the order, the physician, nurse practitioner or physician assistant shall promptly (i) make reasonable efforts to arrange for the transfer of the patient to another physician or (ii) submit the matter to the dispute mediation system.
(b) If the order not to resuscitate was entered upon the consent of a surrogate, parent, or legal guardian and the attending practitioner who issued the order, or, if unavailable, another attending practitioner at any time determines that the patient does not suffer from one of the medical conditions set forth in paragraph (c) of subdivision three of section twenty-nine hundred sixty-five of this article, the attending practitioner shall immediately include such determination in the patient's chart, cancel the order, and notify the person who consented to the order and all hospital staff responsible for the patient's care of the cancellation.
(c) If an order not to resuscitate was entered upon the consent of a surrogate and the patient at any time gains or regains capacity, the attending practitioner who issued the order, or, if unavailable, another attending practitioner shall immediately cancel the order and notify the person who consented to the order and all hospital staff directly responsible for the patient's care of the cancellation.
* NB Repealed March 21, 2024