* § 2966. Decision-making on behalf of an adult patient without
capacity for whom no surrogate is available. 1. If no surrogate is
reasonably available, willing to make a decision regarding issuance of
an order not to resuscitate, and competent to make a decision regarding
issuance of an order not to resuscitate on behalf of an adult patient
who lacks capacity and who had not previously expressed a decision
regarding cardiopulmonary resuscitation, an attending practitioner (a)
may issue an order not to resuscitate the patient, provided that the
attending practitioner determines, in writing, that, to a reasonable
degree of medical certainty, resuscitation would be medically futile,
and another physician, nurse practitioner or physician assistant
selected by a person authorized by the hospital to make such selection,
after personal examination of the patient, reviews and concurs in
writing with such determination, or, (b) shall issue an order not to
resuscitate the patient, provided that, pursuant to subdivision one of
section twenty-nine hundred seventy-six of this article, a court has
granted a judgment directing the issuance of such an order.

2. Notwithstanding any other provision of this section, where a
decision to consent to an order not to resuscitate has been made, notice
of the decision shall be given to the patient where there is any
indication of the patient's ability to comprehend such notice. If the
patient objects, an order not to resuscitate shall not be issued.

* NB Repealed March 21, 2024