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This entry was published on 2020-06-19
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SECTION 2967
Decision-making on behalf of a minor patient
Public Health (PBH) CHAPTER 45, ARTICLE 29-B
§ 2967. Decision-making on behalf of a minor patient. 1. An attending
practitioner, in consultation with a minor's parent or legal guardian,
shall determine whether a minor has the capacity to make a decision
regarding resuscitation.

2. (a) The consent of a minor's parent or legal guardian and the
consent of the minor, if the minor has capacity, must be obtained prior
to issuing an order not to resuscitate the minor.

(b) Where the attending practitioner has reason to believe that there
is another parent or a non-custodial parent who has not been informed of
a decision to issue an order not to resuscitate the minor, the attending
practitioner, or someone acting on behalf of the practitioner, shall
make reasonable efforts to determine if the uninformed parent or
non-custodial parent has maintained substantial and continuous contact
with the minor and, if so, shall make diligent efforts to notify that
parent or non-custodial parent of the decision prior to issuing the
order.

3. A parent or legal guardian may consent to an order not to
resuscitate on behalf of a minor only if there has been a written
determination by the attending practitioner, with the written
concurrence of another physician, nurse practitioner or physician
assistant selected by a person authorized by the hospital to make such
selections given after personal examination of the patient, that, to a
reasonable degree of medical certainty, the minor suffers from one of
the medical conditions set forth in paragraph (c) of subdivision three
of section twenty-nine hundred sixty-five of this article. Each
determination shall be included in the patient's medical chart.

4. (a) A parent or legal guardian of a minor, in making a decision
regarding cardiopulmonary resuscitation, shall consider the minor
patient's wishes, including a consideration of the minor patient's
religious and moral beliefs, and shall express a decision consenting to
issuance of an order not to resuscitate either (i) in writing, dated and
signed in the presence of one witness eighteen years of age or older who
shall sign the decision, or (ii) orally, to two persons 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) The attending practitioner who is provided with the decision of a
minor's parent or legal guardian, expressed pursuant to this
subdivision, and of the minor if the minor has capacity, shall include
such decision or decisions in the minor's medical chart and shall comply
with the provisions of paragraph (b) of subdivision four of section
twenty-nine hundred sixty-five of this article.

(c) If the attending practitioner has actual notice of the opposition
of a parent or non-custodial parent to consent by another parent to an
order not to resuscitate a minor, the physician, nurse practitioner or
physician assistant shall submit the matter to the dispute mediation
system and such order shall not be issued or shall be revoked in
accordance with the provisions of subdivision three of section
twenty-nine hundred seventy-two of this article.