2023 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.