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This entry was published on 2020-06-19
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SECTION 2972
Dispute mediation system
Public Health (PBH) CHAPTER 45, ARTICLE 29-B
§ 2972. Dispute mediation system. 1. (a) Each hospital shall
establish a mediation system for the purpose of mediating disputes
regarding the issuance of orders not to resuscitate.

(b) The dispute mediation system shall be described in writing and
adopted by the hospital's governing authority. It may utilize existing
hospital resources, such as a patient advocate's office or hospital
chaplain's office, or it may utilize a body created specifically for
this purpose, but, in the event a dispute involves a patient deemed to
lack capacity pursuant to (i) paragraph (b) of subdivision three of
section twenty-nine hundred sixty-three of this article, the system must
include a physician, nurse practitioner or physician assistant eligible
to provide a concurring determination pursuant to such subdivision, or a
family member or guardian of the person of a person with a mental
illness of the same or similar nature, or (ii) paragraph (c) of
subdivision three of section twenty-nine hundred sixty-three of this
article, the system must include a physician, nurse practitioner or
physician assistant eligible to provide a concurring determination
pursuant to such subdivision, or a family member or guardian of the
person of a person with a developmental disability of the same or
similar nature.

2. The dispute mediation system shall be authorized to mediate any
dispute, including disputes regarding the determination of the patient's
capacity, arising under this article between the patient and an
attending practitioner or the hospital that is caring for the patient
and, if the patient is a minor, the patient's parent, or among an
attending practitioner, a parent, non-custodial parent, or legal
guardian of a minor patient, any person on the surrogate list, and the
hospital that is caring for the patient.

3. After a dispute regarding the issuance of an order not to
resuscitate has been submitted to the dispute mediation system, an order
not to resuscitate shall not be issued or shall be revoked and may not
be reissued until (a) the dispute has been resolved or the system has
concluded its effort to resolve the dispute or (b) seventy-two hours
have elapsed from the time of the submission of the dispute, whichever
shall occur first. Persons participating in the dispute mediation system
shall be informed of their right to judicial review.

4. If a dispute between a patient who expressed a decision rejecting
cardiopulmonary resuscitation and an attending practitioner or the
hospital that is caring for the patient is submitted to the dispute
mediation system, and either:

(a) the dispute mediation system has concluded its efforts to resolve
the dispute, or

(b) seventy-two hours have elapsed from the time of submission without
resolution of the dispute, whichever shall occur first, the attending
practitioner shall either: (i) promptly issue an order not to
resuscitate the patient or issue the 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 arrange for the transfer of the patient to another physician,
nurse practitioner, physician assistant or hospital.

5. Persons appointed pursuant to this section to participate in the
dispute mediation system shall not have authority to determine whether a
do not resuscitate order shall be issued.