1. Every person admitted to a hospital shall be presumed to consent to the administration of cardiopulmonary resuscitation in the event of cardiac or respiratory arrest, unless there is consent to the issuance of an order not to resuscitate as provided in this article.

Terms Used In N.Y. Public Health Law 2962

  • Arrest: Taking physical custody of a person by lawful authority.
  • 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
  • Cardiopulmonary resuscitation: means measures to restore cardiac function or to support ventilation in the event of a cardiac or respiratory arrest. 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.
  • Health care agent: means a health care agent of the patient designated pursuant to article twenty-nine-C of this chapter. See N.Y. Public Health Law 2961
  • Hospital: means a hospital as defined in subdivision ten of section 1. See N.Y. Public Health Law 2961
  • Minor: means any person who is not an adult. 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

2. It shall be lawful for the attending practitioner to issue an order not to resuscitate a patient, provided that the order has been issued pursuant to the requirements of this article. The order shall be included in writing in the patient’s chart. An order not to resuscitate shall be effective upon issuance.

3. Before obtaining, pursuant to this article, the consent of the patient, or of the surrogate of the patient, or parent or legal guardian of the minor patient, to an order not to resuscitate, the attending practitioner shall provide to the person giving consent information about the patient’s diagnosis and prognosis, the reasonably foreseeable risks and benefits of cardiopulmonary resuscitation for the patient, and the consequences of an order not to resuscitate.

4. Nothing in this article shall require a hospital to expand its existing equipment and facilities to provide cardiopulmonary resuscitation.

5. (a) The provisions of article twenty-nine-C of this chapter, governing health care proxies and agents, take precedence over conflicting provisions of this article.

(b) When a patient who has a health care agent lacks capacity, the agent shall have the rights and authority that a patient with capacity would have under this article, subject to the terms of the health care proxy and article twenty-nine-C of this chapter.