NY Pub Health L § 2967 (2021)
2021 New York Laws PBH - Public Health Article 29-B - Orders Not to Resuscitate for Residents of Mental Hygiene Facilities 2967 - Decision-Making on Behalf of a Minor Patient.

§  2967. Decision-making on behalf of a minor patient. 1. An attending practitioner, in consultation with a minor's parent or  legal  guardian, shall  determine  whether  a  minor  has the capacity to make a decision regarding resuscitation.   2. (a) The consent of a minor's  parent  or  legal  guardian  and  the consent  of the minor, if the minor has capacity, must be obtained prior to issuing an order not to resuscitate the minor.  (b) Where the attending practitioner has reason to believe that  there is another parent or a non-custodial parent who has not been informed of a decision to issue an order not to resuscitate the minor, the attending practitioner,  or  someone  acting  on behalf of the practitioner, shall make reasonable  efforts  to  determine  if  the  uninformed  parent  or non-custodial  parent  has maintained substantial and continuous contact with the minor and, if so, shall make diligent efforts  to  notify  that parent  or  non-custodial  parent  of  the decision prior to issuing the order.   3. A parent  or  legal  guardian  may  consent  to  an  order  not  to resuscitate  on  behalf  of  a  minor  only  if there has been a written determination  by  the  attending   practitioner,   with   the   written concurrence  of  another  physician,  nurse  practitioner  or  physician assistant selected by a person authorized by the hospital to  make  such selections  given  after personal examination of the patient, that, to a reasonable degree of medical certainty, the minor suffers  from  one  of the  medical  conditions set forth in paragraph (c) of subdivision three of  section  twenty-nine  hundred  sixty-five  of  this  article.   Each determination shall be included in the patient's medical chart.   4.  (a)  A  parent  or legal guardian of a minor, in making a decision regarding  cardiopulmonary  resuscitation,  shall  consider  the   minor patient's  wishes,  including  a  consideration  of  the minor patient's religious and moral beliefs, and shall express a decision consenting  to issuance of an order not to resuscitate either (i) in writing, dated and signed in the presence of one witness eighteen years of age or older who shall  sign  the decision, or (ii) orally, to two persons eighteen years of age or older, one of whom  is  a  physician,  nurse  practitioner  or physician assistant affiliated with the hospital in which the patient is being  treated.  Any  such  decision  shall be recorded in the patient's medical chart.  (b) The attending practitioner who is provided with the decision of  a minor's   parent   or   legal   guardian,  expressed  pursuant  to  this subdivision, and of the minor if the minor has capacity,  shall  include such decision or decisions in the minor's medical chart and shall comply with  the  provisions  of  paragraph  (b) of subdivision four of section twenty-nine hundred sixty-five of this article.  (c) If the attending practitioner has actual notice of the  opposition of  a  parent or non-custodial parent to consent by another parent to an order not to resuscitate a minor, the physician, nurse  practitioner  or physician  assistant  shall  submit  the matter to the dispute mediation system and such order shall  not  be  issued  or  shall  be  revoked  in accordance   with   the  provisions  of  subdivision  three  of  section twenty-nine hundred seventy-two of this article.