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This entry was published on 2020-06-19
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Obligations of attending practitioner
Public Health (PBH) CHAPTER 45, ARTICLE 29-CC
§ 2994-f. Obligations of attending practitioner. 1. An attending
practitioner informed of a decision to withdraw or withhold
life-sustaining treatment made pursuant to the standards of this article
shall record the decision in the patient's medical record, review the
medical basis for the decision, and shall either: (a) implement the
decision, or (b) promptly make his or her objection to the decision and
the reasons for the objection known to the decision-maker, and either
make all reasonable efforts to arrange for the transfer of the patient
to another physician, nurse practitioner or physician assistant, if
necessary, or promptly refer the matter to the ethics review committee.

2. If an attending practitioner has actual notice of the following
objections or disagreements, he or she shall promptly refer the matter
to the ethics review committee if the objection or disagreement cannot
otherwise be resolved:

(a) A health or social services practitioner consulted for a
concurring determination that an adult patient lacks decision-making
capacity disagrees with the attending practitioner's determination; or

(b) Any person on the surrogate list objects to the designation of the
surrogate pursuant to subdivision one of section twenty-nine hundred
ninety-four-d of this article; or

(c) Any person on the surrogate list objects to a surrogate's
decision; or

(d) A parent or guardian of a minor patient objects to the decision by
another parent or guardian of the minor; or

(e) A minor patient refuses life-sustaining treatment, and the minor's
parent or guardian wishes the treatment to be provided, or the minor
patient objects to an attending practitioner's determination about
decision-making capacity or recommendation about life-sustaining

3. Notwithstanding the provisions of this section or subdivision one
of section twenty-nine hundred ninety-four-q of this article, if a
surrogate directs the provision of life-sustaining treatment, the denial
of which in reasonable medical judgment would be likely to result in the
death of the patient, a hospital or individual health care provider that
does not wish to provide such treatment shall nonetheless comply with
the surrogate's decision pending either transfer of the patient to a
willing hospital or individual health care provider, or judicial review
in accordance with section twenty-nine hundred ninety-four-r of this