1. If a prospective donor in a hospital has a declaration or advance health care directive and terms of the declaration, directive or proxy document concerning life-sustaining treatment are in conflict with the express or implied terms of a potential anatomical gift with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donor‘s attending physician and the prospective donor shall confer to resolve the conflict. For purposes of this section, an advance directive shall mean a written or oral instruction by the adult patient relating to the provision of health care to the patient when an adult becomes incapacitated, including but not limited to a health care proxy, a consent to the issuance of an order not to resuscitate or other orders for life-sustaining treatment recorded in a patient’s medical record, or a legally-recognized statement of wishes or beliefs.

Terms Used In N.Y. Public Health Law 4306-A

  • Donor: The person who makes a gift.
  • Donor: means an individual whose body or part is the subject of an anatomical gift. See N.Y. Public Health Law 4300
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • gift: means a donation of a whole body or part of a human body, to take effect after the donor's death, for the purpose of transplantation, therapy, research or education. See N.Y. Public Health Law 4300
  • Hospital: means a hospital licensed, accredited, or approved under the laws of any state and includes a hospital operated by the United States Government, a state, or a subdivision thereof, although not required to be licensed under state laws. See N.Y. Public Health Law 4300
  • part: includes "parts". See N.Y. Public Health Law 4300
  • Prospective donor: means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. See N.Y. Public Health Law 4300
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See N.Y. Public Health Law 4300

2. If such prospective donor is incapable of resolving the conflict, and the patient in such declaration, directive, or proxy document did not expressly reject being a donor, then the health care proxy acting under the prospective donor’s declaration, directive, or proxy or, if none, a surrogate authorized to make health care decisions on behalf of the patient, in accordance with the provisions of article twenty-nine-CC of this chapter, shall act for the patient to resolve the conflict.

3. Such conflict must be resolved expeditiously. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor described in subdivision two of section forty-three hundred one of this article. Before resolution of the conflict, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the patient if withholding or withdrawing the measures is not contraindicated by appropriate end-of-life care.