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This entry was published on 2020-06-19
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SECTION 2976
Judicially approved order not to resuscitate
Public Health (PBH) CHAPTER 45, ARTICLE 29-B
§ 2976. Judicially approved order not to resuscitate. 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 pursuant to this
article, an attending practitioner or hospital may commence a special
proceeding pursuant to article four of the civil practice law and rules,
in a court of competent jurisdiction, for a judgment directing the
physician, nurse practitioner or physician assistant to issue an order
not to resuscitate where the patient has a terminal condition, is
permanently unconscious, or resuscitation would impose an extraordinary
burden on the patient in light of the patient's medical condition and
the expected outcome of resuscitation for the patient, and issuance of
an order not to resuscitate is consistent with the patient's wishes
including a consideration of the patient's religious and moral beliefs
or, in the absence of evidence of the patient's wishes, the patient's
best interests.

2. Nothing in this article shall be construed to preclude a court of
competent jurisdiction from approving the issuance of an order not to
resuscitate under circumstances other than those under which such an
order may be issued pursuant to this article.