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This entry was published on 2024-02-09
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SECTION 2994-L
Interinstitutional transfers
Public Health (PBH) CHAPTER 45, ARTICLE 29-CC
* § 2994-l. Interinstitutional transfers. If a patient with an order
to withhold or withdraw life-sustaining treatment is transferred from a
mental hygiene facility to a hospital or from a hospital to a different
hospital, any such order or plan shall remain effective until an
attending practitioner first examines the transferred patient, whereupon
an attending practitioner must either:

1. Issue appropriate orders to continue the prior order or plan. Such
orders may be issued without obtaining another consent to withhold or
withdraw life-sustaining treatment pursuant to this article; or

2. Cancel such order, if the attending practitioner determines that
the order is no longer appropriate or authorized. Before canceling the
order the attending practitioner shall make reasonable efforts to notify
the person who made the decision to withhold or withdraw treatment and
the hospital staff directly responsible for the patient's care of any
such cancellation. If such notice cannot reasonably be made prior to
canceling the order or plan, the attending practitioner shall make such
notice as soon as reasonably practicable after cancellation.

* NB Effective until March 21, 2024

* § 2994-l. Interinstitutional transfers. 1. If a patient with an
order to withhold or withdraw life-sustaining treatment is transferred
from a mental hygiene facility to a hospital or from a hospital to a
different hospital, any such order or plan shall remain effective until
an attending practitioner first examines the transferred patient,
whereupon an attending practitioner must either:

(a) Issue appropriate orders to continue the prior order or plan. Such
orders may be issued without obtaining another consent to withhold or
withdraw life-sustaining treatment pursuant to this article; or

(b) Cancel such order, if the attending practitioner determines that
the order is no longer appropriate or authorized. Before canceling the
order the attending practitioner shall make reasonable efforts to notify
the person who made the decision to withhold or withdraw treatment and
the hospital staff directly responsible for the patient's care of any
such cancellation. If such notice cannot reasonably be made prior to
canceling the order or plan, the attending practitioner shall make such
notice as soon as reasonably practicable after cancellation.

2. Orders to withhold or withdraw life-sustaining treatment shall
remain effective and no affirmative action by a general hospital shall
be required pursuant to this section where a patient is transferred
within a general hospital between a medical unit and a ward, wing, unit,
or other part of the general hospital which is operated for the purpose
of providing services for persons with mental illness pursuant to an
operating certificate issued by the commissioner of mental health.

* NB Effective March 21, 2024