NY Pub Health L § 2972 (2021)
2021 New York Laws PBH - Public Health Article 29-B - Orders Not to Resuscitate for Residents of Mental Hygiene Facilities 2972 - Dispute Mediation System.

§  2972.  Dispute  mediation  system.    1.  (a)  Each  hospital shall establish a mediation system  for  the  purpose  of  mediating  disputes regarding the issuance of orders not to resuscitate.  (b)  The  dispute  mediation  system shall be described in writing and adopted by the hospital's governing authority. It may  utilize  existing hospital  resources,  such  as  a  patient advocate's office or hospital chaplain's office, or it may utilize a  body  created  specifically  for this  purpose,  but, in the event a dispute involves a patient deemed to lack capacity pursuant to (i) paragraph  (b)  of  subdivision  three  of section twenty-nine hundred sixty-three of this article, the system must include  a physician, nurse practitioner or physician assistant eligible to provide a concurring determination pursuant to such subdivision, or a family member or guardian of the  person  of  a  person  with  a  mental illness  of  the  same  or  similar  nature,  or  (ii)  paragraph (c) of subdivision three of section twenty-nine  hundred  sixty-three  of  this article,  the  system  must  include  a physician, nurse practitioner or physician assistant  eligible  to  provide  a  concurring  determination pursuant  to  such  subdivision,  or  a family member or guardian of the person of a person with  a  developmental  disability  of  the  same  or similar nature.   2.  The  dispute  mediation  system shall be authorized to mediate any dispute, including disputes regarding the determination of the patient's capacity,  arising  under  this  article  between  the  patient  and  an attending  practitioner  or  the hospital that is caring for the patient and, if the patient is a  minor,  the  patient's  parent,  or  among  an attending   practitioner,  a  parent,  non-custodial  parent,  or  legal guardian of a minor patient, any person on the surrogate list,  and  the hospital that is caring for the patient.   3.  After  a  dispute  regarding  the  issuance  of  an  order  not to resuscitate has been submitted to the dispute mediation system, an order not to resuscitate shall not be issued or shall be revoked and  may  not be  reissued  until  (a) the dispute has been resolved or the system has concluded its effort to resolve the dispute  or  (b)  seventy-two  hours have  elapsed  from the time of the submission of the dispute, whichever shall occur first. Persons participating in the dispute mediation system shall be informed of their right to judicial review.   4. If a dispute between a patient who expressed a  decision  rejecting cardiopulmonary  resuscitation  and  an  attending  practitioner  or the hospital that is caring for the patient  is  submitted  to  the  dispute mediation system, and either:  (a)  the dispute mediation system has concluded its efforts to resolve the dispute, or  (b) seventy-two hours have elapsed from the time of submission without resolution of the dispute, whichever shall occur  first,  the  attending practitioner   shall   either:  (i)  promptly  issue  an  order  not  to resuscitate the  patient  or  issue  the  order  at  such  time  as  the conditions,  if  any,  specified in the decision are met, and inform the hospital staff responsible for the patient's care of the order; or  (ii) promptly  arrange  for the transfer of the patient to another physician, nurse practitioner, physician assistant or hospital.   5. Persons appointed pursuant to this section to  participate  in  the dispute mediation system shall not have authority to determine whether a do not resuscitate order shall be issued.