* § 2964. Decision-making by an adult with capacity. 1. (a) The
consent of an adult with capacity must be obtained prior to issuing an
order not to resuscitate, except as provided in subdivision three of
this section.

(b) If the adult has capacity at the time the order is to be issued,
the consent must be obtained at or about such time, notwithstanding any
prior oral or written consent.

2. (a) During hospitalization, an adult with capacity may express a
decision consenting to an order not to resuscitate orally in the
presence of at least two witnesses eighteen years of age or older, one
of whom is a physician, nurse practitioner, or physician assistant
affiliated with the hospital in which the patient is being treated. Any
such decision shall be recorded in the patient's medical chart.

(b) Prior to or during hospitalization, an adult with capacity may
express a decision consenting to an order not to resuscitate in writing,
dated and signed in the presence of at least two witnesses eighteen
years of age or older who shall sign the decision.

(c) An attending practitioner who is provided with or informed of a
decision pursuant to this subdivision shall record or include the
decision in the patient's medical chart if the decision has not been
recorded or included, and either:

(i) promptly issue an order not to resuscitate the patient or issue an
order at such time as the conditions, if any, specified in the decision
are met, and inform the hospital staff responsible for the patient's
care of the order; or

(ii) promptly make his or her objection to the issuance of such an
order and the reasons therefor known to the patient and either make all
reasonable efforts to arrange for the transfer of the patient to another
physician, nurse practitioner or physician assistant, if necessary, or
promptly submit the matter to the dispute mediation system.

(d) Prior to issuing an order not to resuscitate a patient who has
expressed a decision consenting to an order not to resuscitate under
specified medical conditions, the attending practitioner must make a
determination, to a reasonable degree of medical certainty, that such
conditions exist, and include the determination in the patient's medical
chart.

3. If the patient is in or is transferred from a correctional
facility, notice of the patient's consent to an order not to resuscitate
shall be given to the facility director and reasonable efforts shall be
made to provide notice to an individual designated by the patient to
receive such notification prior to the issuance of the order not to
resuscitate. Notification to the facility director or the individual
designated by the patient shall not unreasonably delay issuance of an
order not to resuscitate.

* NB Repealed March 21, 2024