If a patient for whom an order not to resuscitate has been issued is transferred from a hospital to a different hospital the order shall remain effective, unless revoked pursuant to this article, until the attending practitioner first examines the transferred patient, whereupon the attending practitioner must either:

Terms Used In N.Y. Public Health Law 2971

  • 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
  • Hospital: means a hospital as defined in subdivision ten of section 1. 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

1. Issue an order continuing the prior order not to resuscitate. Such order may be issued without obtaining further consent from the patient, surrogate or parent pursuant to this article; or

2. Cancel the order not to resuscitate, provided the attending practitioner immediately notifies the person who consented to the order and the hospital staff directly responsible for the patient’s care of the cancellation. Such cancellation does not preclude the entry of a new order pursuant to this article.

3. For purposes of this section, an order not to resuscitate issued by a general hospital as defined in subdivision ten of section twenty-eight hundred one of this chapter, or by a residential health care facility as defined in subdivision three of section twenty-eight hundred one of this chapter, shall be deemed a hospital order not to resuscitate.