Legislation

Search OpenLegislation Statutes
This entry was published on 2020-06-19
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 2994-DD
Managing a nonhospital order not to resuscitate
Public Health (PBH) CHAPTER 45, ARTICLE 29-CCC
§ 2994-dd. Managing a nonhospital order not to resuscitate. 1. The
attending practitioner shall record the issuance of a nonhospital order
not to resuscitate in the patient's medical record.

2. A nonhospital order not to resuscitate shall be issued upon a
standard form prescribed by the commissioner. The commissioner shall
also develop a standard bracelet that may be worn by a patient with a
nonhospital order not to resuscitate to identify that status; provided,
however, that no person may require a patient to wear such a bracelet
and that no person may require a patient to wear such a bracelet as a
condition for honoring a nonhospital order not to resuscitate or for
providing health care services.

3. An attending practitioner who has issued a nonhospital order not to
resuscitate, and who transfers care of the patient to another physician,
nurse practitioner or physician assistant, shall inform the physician,
nurse practitioner or physician assistant of the order.

4. For each patient for whom a nonhospital order not to resuscitate
has been issued, the attending practitioner shall review whether the
order is still appropriate in light of the patient's condition each time
he or she examines the patient, whether in the hospital or elsewhere,
but at least every ninety days, provided that the review need not occur
more than once every seven days. The attending practitioner shall record
the review in the patient's medical record provided, however, that a
physician assistant or a registered nurse, other than the attending
nurse practitioner, who provides direct care to the patient may record
the review in the medical record at the direction of the physician. In
such case, the attending practitioner shall include a confirmation of
the review in the patient's medical record within fourteen days of such
review. Failure to comply with this subdivision shall not render a
nonhospital order not to resuscitate ineffective.

5. A person who has consented to a nonhospital order not to
resuscitate may at any time revoke his or her consent to the order by
any act evidencing a specific intent to revoke such consent. Any health
care professional, other than the attending practitioner, informed of a
revocation of consent to a nonhospital order not to resuscitate shall
notify the attending practitioner of the revocation. An attending
practitioner who is informed that a nonhospital order not to resuscitate
has been revoked shall record the revocation in the patient's medical
record, cancel the order and make diligent efforts to retrieve the form
issuing the order, and the standard bracelet, if any.

6. The commissioner may authorize the use of one or more alternative
forms for issuing a nonhospital order not to resuscitate (in place of
the standard form prescribed by the commissioner under subdivision two
of this section). Such alternative form or forms may also be used to
issue a non-hospital do not intubate order. Any such alternative forms
intended for use for persons with developmental disabilities or persons
with mental illness who are incapable of making their own health care
decisions or who have a guardian of the person appointed pursuant to
article eighty-one of the mental hygiene law or article seventeen-A of
the surrogate's court procedure act must also be approved by the
commissioner of developmental disabilities or the commissioner of mental
health, as appropriate. An alternative form under this subdivision shall
otherwise conform with applicable federal and state law. This
subdivision does not limit, restrict or impair the use of an alternative
form for issuing an order not to resuscitate in a general hospital or
residential health care facility under article twenty-eight of this
chapter or a hospital under subdivision ten of section 1.03 of the
mental hygiene law.