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This entry was published on 2020-06-19
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SECTION 2966
Decision-making on behalf of an adult patient without capacity for whom no surrogate is available
Public Health (PBH) CHAPTER 45, ARTICLE 29-B
§ 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.