reglab/housing_qa huggingface dataset:
NY Pub Health L § 2960 (2021)
2021 New York Laws PBH - Public Health Article 29-B - Orders Not to Resuscitate for Residents of Mental Hygiene Facilities 2960 - Legislative Findings and Purpose.

§  2960. Legislative findings and purpose. The legislature finds that,   although cardiopulmonary resuscitation  has  proved  invaluable  in  the   prevention  of  sudden,  unexpected  death,  it  is  appropriate  for an   attending practitioner, in certain circumstances, to issue an order  not   to  attempt cardiopulmonary resuscitation of a patient where appropriate   consent has been obtained. The legislature further finds that there is a   need to clarify and establish the rights and  obligations  of  patients,   their  families,  and  health  care  providers regarding cardiopulmonary   resuscitation and the issuance of orders not to resuscitate.
NY Pub Health L § 2962 (2021)
2021 New York Laws PBH - Public Health Article 29-B - Orders Not to Resuscitate for Residents of Mental Hygiene Facilities 2962 - Presumption in Favor of Resuscitation; Lawfulness of Order; Effectiveness of Order; Duty to Provide Information; No Duty to Expand Equipment.

§  2962.  Presumption  in favor of resuscitation; lawfulness of order; effectiveness of order; duty to provide information; no duty  to  expand equipment.  1.  Every person admitted to a hospital shall be presumed to consent to the administration of cardiopulmonary  resuscitation  in  the event  of  cardiac or respiratory arrest, unless there is consent to the issuance of an order not to resuscitate as provided in this article.   2. It shall be lawful for the attending practitioner to issue an order not to resuscitate a patient, provided that the order  has  been  issued pursuant  to  the  requirements  of  this  article.  The  order shall be included in writing in the patient's chart. An order not to  resuscitate shall be effective upon issuance.   3.  Before  obtaining,  pursuant  to  this article, the consent of the patient, or of the surrogate of the patient, or parent or legal guardian of the minor patient, to an order  not  to  resuscitate,  the  attending practitioner  shall  provide  to  the  person giving consent information about the patient's diagnosis and prognosis, the reasonably  foreseeable risks and benefits of cardiopulmonary resuscitation for the patient, and the consequences of an order not to resuscitate.   4.  Nothing  in  this  article  shall require a hospital to expand its existing   equipment   and   facilities   to   provide   cardiopulmonary resuscitation.   5.  (a)  The  provisions  of  article  twenty-nine-C  of this chapter, governing  health  care  proxies  and  agents,  take   precedence   over conflicting provisions of this article.  (b)  When  a  patient  who has a health care agent lacks capacity, the agent shall have the rights and authority that a patient  with  capacity would  have  under this article, subject to the terms of the health care proxy and article twenty-nine-C of this chapter.
NY Pub Health L § 2964 (2021)
2021 New York Laws PBH - Public Health Article 29-B - Orders Not to Resuscitate for Residents of Mental Hygiene Facilities 2964 - Decision-Making by an Adult With Capacity.

§  2964. Decision-making by an adult with capacity. 1. (a) The consent of an adult with capacity must be obtained prior to issuing an order not to resuscitate, except as provided in subdivision three of this section.  (b) If the adult has capacity at the time the order is to  be  issued, the  consent must be obtained at or about such time, notwithstanding any prior oral or written consent.   2. (a) During hospitalization, an adult with capacity  may  express  a decision  consenting  to  an  order  not  to  resuscitate  orally in the presence of at least two witnesses 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)  Prior  to  or  during hospitalization, an adult with capacity may express a decision consenting to an order not to resuscitate in writing, dated and signed in the presence of  at  least  two  witnesses  eighteen years of age or older who shall sign the decision.  (c)  An  attending  practitioner who is provided with or informed of a decision pursuant to  this  subdivision  shall  record  or  include  the decision  in  the  patient's  medical chart if the decision has not been recorded or included, and either:  (i) promptly issue an order not to resuscitate the patient or issue an 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 make his or her objection to the  issuance  of  such  an order  and the reasons therefor known to the patient and either make all reasonable efforts to arrange for the transfer of the patient to another physician, nurse practitioner or physician assistant, if  necessary,  or promptly submit the matter to the dispute mediation system.  (d)  Prior  to  issuing  an order not to resuscitate a patient who has expressed a decision consenting to an order  not  to  resuscitate  under specified  medical  conditions,  the  attending practitioner must make a determination, to a reasonable degree of medical  certainty,  that  such conditions exist, and include the determination in the patient's medical chart.   3.  If  the  patient  is  in  or  is  transferred  from a correctional facility, notice of the patient's consent to an order not to resuscitate shall be given to the facility director and reasonable efforts shall  be made  to  provide  notice  to an individual designated by the patient to receive such notification prior to the issuance  of  the  order  not  to resuscitate.    Notification  to the facility director or the individual designated by the patient shall not unreasonably delay  issuance  of  an order not to resuscitate.
NY Pub Health L § 2966 (2021)
2021 New York Laws PBH - Public Health Article 29-B - Orders Not to Resuscitate for Residents of Mental Hygiene Facilities 2966 - Decision-Making on Behalf of an Adult Patient Without Capacity for Whom No Surrogate Is Available.

§ 2966. Decision-making on behalf of an adult patient without capacity   for  whom  no  surrogate  is available. 1. If no surrogate is reasonably   available, willing to make a decision regarding issuance of an order not   to resuscitate, and competent to make a decision regarding  issuance  of   an  order  not  to  resuscitate  on behalf of an adult patient who lacks   capacity and who had  not  previously  expressed  a  decision  regarding   cardiopulmonary  resuscitation,  an attending practitioner (a) may issue   an order not to resuscitate the patient,  provided  that  the  attending   practitioner  determines,  in  writing,  that, to a reasonable degree of   medical certainty, resuscitation would be medically futile, and  another   physician,  nurse  practitioner  or  physician  assistant  selected by a   person authorized by the hospital to make such selection, after personal   examination of the patient, reviews and concurs  in  writing  with  such   determination,  or,  (b)  shall  issue  an  order not to resuscitate the   patient,  provided  that,  pursuant  to  subdivision  one   of   section   twenty-nine  hundred  seventy-six of this article, a court has granted a   judgment directing the issuance of such an order.2. Notwithstanding any  other  provision  of  this  section,  where  a   decision to consent to an order not to resuscitate has been made, notice   of  the  decision  shall  be  given  to  the  patient where there is any   indication of the patient's ability to comprehend such  notice.  If  the   patient objects, an order not to resuscitate shall not be issued.
NY Pub Health L § 2968 (2021)
2021 New York Laws PBH - Public Health Article 29-B - Orders Not to Resuscitate for Residents of Mental Hygiene Facilities 2968 - Effect of Order Not to Resuscitate on Other Treatment.

§ 2968. Effect of order not to resuscitate on other treatment. Consent   to  the  issuance  of  an  order not to resuscitate shall not constitute   consent  to  withhold  or  withdraw   medical   treatment   other   than   cardiopulmonary resuscitation.
NY Pub Health L § 2969 (2021)
2021 New York Laws PBH - Public Health Article 29-B - Orders Not to Resuscitate for Residents of Mental Hygiene Facilities 2969 - Revocation of Consent to Order Not to Resuscitate.

§ 2969. Revocation of consent to order not to resuscitate. 1. A person   may,  at  any  time,  revoke  his  or  her  consent  to  an order not to   resuscitate himself or herself by making either a  written  or  an  oral   declaration  to  a  physician  or  member  of  the  nursing staff at the   hospital where he  or  she  is  being  treated,  or  by  any  other  act   evidencing a specific intent to revoke such consent.2. Any surrogate, parent, or legal guardian may at any time revoke his   or her consent to an order not to resuscitate a patient by (a) notifying   a  physician or member of the nursing staff of the revocation of consent   in writing, dated and signed, or  (b)  orally  notifying  the  attending   practitioner  in  the  presence  of  a  witness eighteen years of age or   older.3. Any physician, nurse practitioner or  physician  assistant  who  is   informed  of  or  provided with a revocation of consent pursuant to this   section shall immediately include the revocation in the patient's chart,   cancel the order, and notify the  hospital  staff  responsible  for  the   patient's  care  of  the  revocation and cancellation. Any member of the   nursing staff, other than a nurse practitioner or  physician  assistant,   who  is informed of or provided with a revocation of consent pursuant to   this section shall immediately notify a physician, nurse practitioner or   physician assistant of such revocation.
NY Pub Health L § 2970 (2021)
2021 New York Laws PBH - Public Health Article 29-B - Orders Not to Resuscitate for Residents of Mental Hygiene Facilities 2970 - Physician, Nurse Practitioner and Physician Assistant Review of the Order Not to Resuscitate.

§  2970.  Physician, nurse practitioner and physician assistant review of the order not to resuscitate. 1. For each patient for whom  an  order not  to  resuscitate  has  been issued, the attending practitioner shall review  the  patient's  chart  to  determine  if  the  order  is   still appropriate  in  light  of the patient's condition and shall indicate on the patient's chart that the order  has  been  reviewed  each  time  the patient  is  required to be seen by a physician but at least every sixty days.   Failure to comply with this subdivision shall not render an order  not to resuscitate ineffective.   2.  (a)  If  the attending practitioner determines at any time that an order not to resuscitate is no longer appropriate because the  patient's medical  condition  has  improved,  the physician, nurse practitioner or physician assistant shall immediately notify the person who consented to the order. Except as provided in paragraph (b) of this  subdivision,  if such  person  declines  to  revoke  consent to the order, the physician, nurse practitioner  or  physician  assistant  shall  promptly  (i)  make reasonable efforts to arrange for the transfer of the patient to another physician or (ii) submit the matter to the dispute mediation system.  (b)  If the order not to resuscitate was entered upon the consent of a surrogate, parent, or legal guardian and the attending practitioner  who issued  the order, or, if unavailable, another attending practitioner at any time determines that the patient does not suffer  from  one  of  the medical  conditions  set  forth in paragraph (c) of subdivision three of section twenty-nine hundred sixty-five of this  article,  the  attending practitioner   shall  immediately  include  such  determination  in  the patient's chart, cancel the order, and notify the person  who  consented to  the  order and all hospital staff responsible for the patient's care of the cancellation.  (c) If an order not to resuscitate was entered upon the consent  of  a surrogate  and  the  patient  at any time gains or regains capacity, the attending practitioner who issued the order, or, if unavailable, another attending practitioner shall immediately cancel the order and notify the person who consented to  the  order  and  all  hospital  staff  directly responsible for the patient's care of the cancellation.
NY Pub Health L § 2971 (2021)
2021 New York Laws PBH - Public Health Article 29-B - Orders Not to Resuscitate for Residents of Mental Hygiene Facilities 2971 - Interinstitutional Transfers.

§  2971. Interinstitutional  transfers. If a patient for whom an order   not to resuscitate has been issued is transferred from a hospital  to  a   different  hospital  the  order  shall  remain effective, unless revoked   pursuant  to  this  article,  until  the  attending  practitioner  first   examines  the  transferred patient, whereupon the attending practitioner   must either:1. Issue an order continuing the prior order not to resuscitate.  Such   order  may be issued without obtaining further consent from the patient,   surrogate or parent pursuant to this article; or2. Cancel  the  order  not  to  resuscitate,  provided  the  attending   practitioner  immediately notifies the person who consented to the order   and the hospital staff directly responsible for the  patient's  care  of   the cancellation. Such cancellation does not preclude the entry of a new   order pursuant to this article.3. For purposes of this section, an order not to resuscitate issued by   a general hospital as defined in subdivision ten of section twenty-eight   hundred one of this chapter, or by a residential health care facility as   defined in subdivision three of section twenty-eight hundred one of this   chapter, shall be deemed a hospital order not to resuscitate.
NY Pub Health L § 2973 (2021)
2021 New York Laws PBH - Public Health Article 29-B - Orders Not to Resuscitate for Residents of Mental Hygiene Facilities 2973 - Judicial Review.

§  2973. Judicial review. 1. The patient, an attending practitioner, a   parent, non-custodial parent, or legal guardian of a minor patient,  any   person  on  the  surrogate  list,  the  hospital  that is caring for the   patient and the facility director, may  commence  a  special  proceeding   pursuant to article four of the civil practice law and rules, in a court   of  competent  jurisdiction,  with  respect to any dispute arising under   this article, except that the decision of a patient not  to  consent  to   issuance of an order not to resuscitate may not be subjected to judicial   review.   In   any  proceeding  brought  pursuant  to  this  subdivision   challenging a decision regarding issuance of an order not to resuscitate   on the ground that the decision is contrary to the patient's  wishes  or   best interests, the person or entity challenging the decision must show,   by  clear  and convincing evidence, that the decision is contrary to the   patient's wishes including consideration of the patient's religious  and   moral  beliefs,  or, in the absence of evidence of the patient's wishes,   that the decision is contrary to the patient's best  interests.  In  any   other  proceeding  brought pursuant to this subdivision, the court shall   make its determination based upon the applicable  substantive  standards   and procedures set forth in this article.2.  In  any proceeding brought pursuant to this section, the court may   issue an order, pursuant to the standards applicable to the issuance  of   a  temporary  restraining  order according to section six thousand three   hundred thirteen of the  civil  practice  law  and  rules,  which  shall   suspend  the  order not to resuscitate to permit review of the matter by   the court.3. Where a person or entity may invoke the dispute  mediation  system,   no such proceeding shall be commenced until the dispute mediation system   has  concluded  its  efforts to resolve the dispute or seventy-two hours   have elapsed from the submission of the dispute to the dispute mediation   system, whichever shall occur first, provided, however, that the patient   may commence an action for relief with respect to any dispute under this   article at any time and provided further that the department  of  health   or  any  other  duly  authorized  state agency may commence an action or   proceeding to enjoin a violation of this article at any time.
NY Pub Health L § 2974 (2021)
2021 New York Laws PBH - Public Health Article 29-B - Orders Not to Resuscitate for Residents of Mental Hygiene Facilities 2974 - Immunity.

§  2974.  Immunity. 1. No physician, health care professional, nurse's aide, hospital or person employed by or under contract with the hospital shall be subject to criminal prosecution, civil liability, or be  deemed to have engaged in unprofessional conduct for carrying out in good faith pursuant   to   this   article   a  decision  regarding  cardiopulmonary resuscitation by or on behalf of a patient or for those actions taken in compliance with the standards and procedures set forth in this article.   2. No physician, health care professional, nurse's aide, hospital,  or person  employed  by  or  under  contract  with  the  hospital  shall be subjected to criminal prosecution, civil liability, or be deemed to have engaged  in  unprofessional  conduct   for   providing   cardiopulmonary resuscitation to a patient for whom an order not to resuscitate has been issued, provided such physician or person;  (a)  reasonably  and  in  good faith was unaware of the issuance of an order not to resuscitate; or  (b) reasonably and in good faith believed that consent  to  the  order not to resuscitate had been revoked or cancelled.   3.  No  person  shall  be  subject  to  criminal  prosecution or civil liability for consenting or declining  to  consent  in  good  faith,  on behalf  of  a  patient,  to  the issuance of an order not to resuscitate pursuant to this article.   4. No person  shall  be  subject  to  criminal  prosecution  or  civil liability  or  be  deemed  to have engaged in unprofessional conduct for acts performed in good faith as a  mediator  in  the  dispute  mediation system established by this article.
NY Pub Health L § 2975 (2021)
2021 New York Laws PBH - Public Health Article 29-B - Orders Not to Resuscitate for Residents of Mental Hygiene Facilities 2975 - Effect of Order Not to Resuscitate on Insurance and Health Care Services.

§  2975.  Effect  of  order not to resuscitate on insurance and health   care services. 1. No policy of life insurance shall be legally impaired,   modified, or invalidated in any manner by the issuance of an  order  not   to resuscitate notwithstanding any term of the policy to the contrary.2.  A  person may not prohibit or require the issuance of an order not   to resuscitate for an individual as a condition  for  such  individual's   being insured or for receiving health care services.
NY Pub Health L § 2976 (2021)
2021 New York Laws PBH - Public Health Article 29-B - Orders Not to Resuscitate for Residents of Mental Hygiene Facilities 2976 - Judicially Approved Order Not to Resuscitate.

§  2976.  Judicially  approved  order  not  to  resuscitate.  1. If no   surrogate is reasonably available, willing to make a decision  regarding   issuance  of  an  order  not  to  resuscitate,  and  competent to make a   decision regarding issuance of an order not to resuscitate on behalf  of   an adult patient who lacks capacity and who had not previously expressed   a  decision  regarding  cardiopulmonary  resuscitation  pursuant to this   article, an attending practitioner or hospital may  commence  a  special   proceeding pursuant to article four of the civil practice law and rules,   in  a  court  of  competent  jurisdiction,  for a judgment directing the   physician, nurse practitioner or physician assistant to issue  an  order   not  to  resuscitate  where  the  patient  has  a terminal condition, is   permanently unconscious, or resuscitation would impose an  extraordinary   burden  on  the  patient in light of the patient's medical condition and   the expected outcome of resuscitation for the patient, and  issuance  of   an  order  not  to  resuscitate  is consistent with the patient's wishes   including a consideration of the patient's religious and  moral  beliefs   or,  in  the  absence of evidence of the patient's wishes, the patient's   best interests.2. Nothing in this article shall be construed to preclude a  court  of   competent  jurisdiction  from  approving the issuance of an order not to   resuscitate under circumstances other than those  under  which  such  an   order may be issued pursuant to this article.
NY Pub Health L § 2978 (2021)
2021 New York Laws PBH - Public Health Article 29-B - Orders Not to Resuscitate for Residents of Mental Hygiene Facilities 2978 - Regulations.

§ 2978. Regulations. The commissioners of mental health and the office   for   people   with  developmental  disabilities  shall  establish  such   regulations as may be necessary for implementation of this article  with   respect to those persons in mental hygiene facilities.
NY Pub Health L § 2979 (2021)
2021 New York Laws PBH - Public Health Article 29-B - Orders Not to Resuscitate for Residents of Mental Hygiene Facilities 2979 - Rights to Be Publicized.

§ 2979. Rights to be publicized. 1. The commissioners of mental health and  the office for people with developmental disabilities shall prepare a statement summarizing the rights, duties,  and  requirements  of  this article and shall require that a copy of such statement:  (a)  be  furnished  by  the  hospital to patients or to persons on the surrogate list known to  the  hospital  at  or  prior  to  the  time  of admission  to  the  hospital, and at the time of the first decision made pursuant to sections twenty-nine hundred sixty-four, twenty-nine hundred sixty-five,  twenty-nine  hundred  sixty-six,  or  twenty-nine   hundred sixty-seven  of this article or as soon thereafter as practicable and to each member of the hospital's staff involved in the provision of medical care; and  (b) is posted in a public place in each hospital.   2. The statement of rights required by this section may be included in any other statement of patient's rights required by other provisions  of this chapter.