NY Pub Health L § 2994-M (2021)
2021 New York Laws PBH - Public Health Article 29-CC - Family Health Care Decisions Act 2994-M - Ethics Review Committees.

§  2994-m.  Ethics  review  committees.  1. Establishment of an ethics review committee, written policy. Each hospital shall establish at least one ethics review committee or participate in an ethics review committee that serves more than one hospital, and shall  adopt  a  written  policy governing committee functions, composition, and procedure, in accordance with  the  requirements  of  this  article.  A hospital may designate an existing committee, or subcommittee thereof, to carry out the  functions of the ethics review committee provided the requirements of this section are satisfied.   2.  Functions  of  the  ethics review committee. (a) The ethics review committee shall consider and respond to any health care matter presented to it by a person connected with the case.  (b) The ethics review committee response to a health care  matter  may include:  (i) providing advice on the ethical aspects of proposed health care;  (ii) making a recommendation about proposed health care; or  (iii) providing assistance in resolving disputes about proposed health care.  (c) Recommendations and advice by the ethics review committee shall be advisory  and  nonbinding,  except  as  specified in subdivision five of section  twenty-nine  hundred  ninety-four-d   of   this   article   and subdivision  three  of section twenty-nine hundred ninety-four-e of this article.   3. Committee membership. The membership of  ethics  review  committees must  be  interdisciplinary  and  must include at least five members who have demonstrated an interest in or commitment to patient's rights or to the medical, public health, or social needs of those  who  are  ill.  At least  three  ethics  review  committee members must be health or social services practitioners, at least one of whom must be a registered  nurse and  one  of  whom  must be a physician, nurse practitioner or physician assistant. At least one member must be a person without any  governance, employment   or   contractual  relationship  with  the  hospital.  In  a residential health care facility the facility must offer the  residents' council of the facility (or of another facility that participates in the committee)  the  opportunity  to appoint up to two persons to the ethics review committee, none of whom may be a resident of or a  family  member of  a  resident  of such facility, and both of whom shall be persons who have expertise in or a demonstrated commitment to patient rights  or  to the  care and treatment of the elderly or nursing home residents through professional or community activities, other than activities performed as a health care provider.   4. Procedures for ethics review committee. (a)  These  procedures  are required  only  when:  (i)  the  ethics  review committee is convened to review a decision by a surrogate to withhold or withdraw life-sustaining treatment for: (A) a patient  in  a  residential  health  care  facility pursuant  to  paragraph  (b)  of subdivision five of section twenty-nine hundred ninety-four-d of this  article;  (B)  a  patient  in  a  general hospital  pursuant  to  paragraph  (c)  of  subdivision  five of section twenty-nine hundred ninety-four-d of this article; or (C) an emancipated minor patient pursuant  to  subdivision  three  of  section  twenty-nine hundred  ninety-four-e  of this article; or (ii) when a person connected with the case requests the ethics review committee to provide assistance in resolving a dispute about proposed  care.  Nothing  in  this  section shall  bar health care providers from first striving to resolve disputes through less  formal  means,  including  the  informal  solicitation  of ethical advice from any source.  (b)(i)  A  person  connected  with  the case may not participate as an ethics review committee member in the consideration of that case.  (ii) The ethics review committee shall respond promptly,  as  required by  the  circumstances,  to  any  request  for assistance in resolving a dispute  or  consideration  of  a  decision  to  withhold  or   withdraw life-sustaining   treatment  pursuant  to  paragraphs  (b)  and  (c)  of subdivision  five  of  section twenty-nine hundred ninety-four-d of this article made by a person connected with the case.  The  committee  shall permit  persons  connected  with  the case to present their views to the committee, and to have the option of being  accompanied  by  an  advisor when participating in a committee meeting.  (iii)  The ethics review committee shall promptly provide the patient, where there is any indication of the patient's ability to comprehend the information, the surrogate, other persons on the surrogate list directly involved in the decision or dispute regarding the  patient's  care,  any parent  or guardian of a minor patient directly involved in the decision or  dispute  regarding  the   minor   patient's   care,   an   attending practitioner,  the  hospital,  and  other  persons  the  committee deems appropriate, with the following:  (A) notice of any pending case consideration concerning  the  patient, including,  for  patients,  persons  on  the surrogate list, parents and guardians, information about the ethics review  committee's  procedures, composition and function; and  (B)  the  committee's  response  to  the  case,  including  a  written statement of the reasons for approving or disapproving  the  withholding or  withdrawal  of  life-sustaining  treatment  for decisions considered pursuant to subparagraph (ii) of paragraph (a) of  subdivision  five  of section   twenty-nine   hundred   ninety-four-d  of  this  article.  The committee's response to the case shall  be  included  in  the  patient's medical record.  (iv)  Following  ethics  review  committee  consideration  of  a  case concerning the withdrawal or withholding of  life-sustaining  treatment, treatment   shall  not  be  withdrawn  or  withheld  until  the  persons identified in subparagraph (iii) of this paragraph have been informed of the committee's response to the case.  (c) When an ethics review committee is convened  to  review  decisions regarding   hospice  care  for  a  patient  in  a  general  hospital  or residential health care facility, the responsibilities of  this  section shall  be  carried  out  by  the  ethics review committee of the general hospital  or  residential  health  care  facility,  provided  that  such committee shall invite a representative from hospice to participate.   5. Access to medical records and information; patient confidentiality. Ethics  review  committee  members  and consultants shall have access to medical information and  medical  records  necessary  to  perform  their function  under  this article. Any such information or records disclosed to committee members, consultants, or others shall be kept  confidential except  to  the  extent  necessary  to  accomplish  the purposes of this article or as otherwise provided by law.   6. Ethics review committee confidentiality. Notwithstanding any  other provisions  of  law,  the  proceedings  and  records of an ethics review committee shall be kept  confidential  and  shall  not  be  released  by committee members, committee consultants, or other persons privy to such proceedings and records; the proceedings and records of an ethics review committee  shall  not  be  subject  to  disclosure  or inspection in any manner, including under article  six  of  the  public  officers  law  or article  thirty-one  of the civil practice law and rules; and, no person shall testify as to the proceedings  or  records  of  an  ethics  review committee,   nor   shall  such  proceedings  and  records  otherwise  be admissible as evidence in any action or proceeding of any  kind  in  any  court  or  before  any  other  tribunal, board, agency or person, except that:  (a)  Ethics review committee proceedings and records, in cases where a committee approves or disapproves of the withholding  or  withdrawal  of life-sustaining  treatment  pursuant  to  subdivision  five  of  section twenty-nine hundred ninety-four-d of this article, or subdivision  three of  section  twenty-nine  hundred  ninety-four-e of this article, may be obtained by or released to the department;  (b) Nothing in  this  subdivision  shall  prohibit  the  patient,  the surrogate,  other persons on the surrogate list, or a parent or guardian of a minor patient from voluntarily disclosing, releasing or  testifying about committee proceedings or records; and  (c)  Nothing in this subdivision shall prohibit the justice center for the protection of people with special needs  or  any  agency  or  person within  or  under  contract  with  the  justice  center  which  provides protection and advocacy services from requiring any information,  report or  record  from a hospital in accordance with the provisions of section five hundred fifty-eight of the executive law.