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This entry was published on 2020-06-19
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SECTION 2970
Physician, nurse practitioner and physician assistant review of the order not to resuscitate
Public Health (PBH) CHAPTER 45, ARTICLE 29-B
§ 2970. Physician, nurse practitioner and physician assistant review
of the order not to resuscitate. 1. For each patient for whom an order
not to resuscitate has been issued, the attending practitioner shall
review the patient's chart to determine if the order is still
appropriate in light of the patient's condition and shall indicate on
the patient's chart that the order has been reviewed each time the
patient is required to be seen by a physician but at least every sixty
days.

Failure to comply with this subdivision shall not render an order not
to resuscitate ineffective.

2. (a) If the attending practitioner determines at any time that an
order not to resuscitate is no longer appropriate because the patient's
medical condition has improved, the physician, nurse practitioner or
physician assistant shall immediately notify the person who consented to
the order. Except as provided in paragraph (b) of this subdivision, if
such person declines to revoke consent to the order, the physician,
nurse practitioner or physician assistant shall promptly (i) make
reasonable efforts to arrange for the transfer of the patient to another
physician or (ii) submit the matter to the dispute mediation system.

(b) If the order not to resuscitate was entered upon the consent of a
surrogate, parent, or legal guardian and the attending practitioner who
issued the order, or, if unavailable, another attending practitioner at
any time determines that the patient does not suffer from one of the
medical conditions set forth in paragraph (c) of subdivision three of
section twenty-nine hundred sixty-five of this article, the attending
practitioner shall immediately include such determination in the
patient's chart, cancel the order, and notify the person who consented
to the order and all hospital staff responsible for the patient's care
of the cancellation.

(c) If an order not to resuscitate was entered upon the consent of a
surrogate and the patient at any time gains or regains capacity, the
attending practitioner who issued the order, or, if unavailable, another
attending practitioner shall immediately cancel the order and notify the
person who consented to the order and all hospital staff directly
responsible for the patient's care of the cancellation.