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This entry was published on 2020-06-19
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SECTION 2962
Presumption in favor of resuscitation; lawfulness of order; effectiveness of order; duty to provide information; no duty to expand equipment
Public Health (PBH) CHAPTER 45, ARTICLE 29-B
§ 2962. Presumption in favor of resuscitation; lawfulness of order;
effectiveness of order; duty to provide information; no duty to expand
equipment. 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.

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.