2023 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.