NY Pub Health L § 2994-DD (2021)
2021 New York Laws PBH - Public Health Article 29-CCC - Nonhospital Orders Not to Resuscitate 2994-DD - Managing a Nonhospital Order Not to Resuscitate.

§  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.