New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 400 - All Facilities-General Requirements › Section 400.21 - Advance directives

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Statement of purpose.
The New York State Health Care Proxy Law allows an adult
						to designate another adult, such as a trusted friend or loved one who knows the
						person and his/her wishes, to make treatment decisions if the adult becomes
						incapacitated and is unable to do so. The Health Care Proxy Law guarantees an
						adult's right to self-determination and the expression of this right through
						another adult. Advance directives also allow an adult to express his or her
						preference regarding health care treatment, including a desire to continue or
						to refuse treatment and life supports. In the absence of a health care proxy,
						the Family Health Care Decisions Act allows a surrogate (a family member or
						close friend) to make treatment decisions on behalf of a patient, in accordance
						with the patient's wishes, if known, or if the patient's wishes are not known,
						in accordance with the patient's best interests. Facilities must ensure that
						all adult patients/residents are informed of their rights and are supported and
						protected as they exercise their right to formulate written or oral
						instructions regarding their health care in the event such adults become
						incapacitated and are unable to direct their own health care.
(b)
Definitions.
The following words or phrases shall have the following
						meanings:
(1) An
advance
					 directive
means a type of written or oral instruction relating to the
					 provision of health care when an adult becomes incapacitated, including but not
					 limited to a health care proxy, a consent to the issuance of an order not to
					 resuscitate or other medical orders for life-sustaining treatment (MOLST)
					 recorded in a patient's/resident's medical record, and a living will.
(2) A
health care proxy
means a document created pursuant to article 29-C of the Public Health Law
					 which delegates the authority to another adult known as a health care agent to
					 make health care decisions on behalf of the adult when that adult is
					 incapacitated.
(3) A
living
					 will
means a document which contains specific instructions concerning
					 an adult's wishes about the type of health care choices and treatments that an
					 adult does or does not want to receive.
(4) A
health care agent
or
agent
means an adult to whom authority to make health care
					 decisions is delegated under a health care proxy.
(5) An
adult
means any
					 person who is 18 years of age or older, or is the parent of a child, or has
					 married.
(6)
Medical orders
					 for life-sustaining treatment (MOLST)
means medical orders to provide,
					 withhold or withdraw life-sustaining treatment. The MOLST form is an
					 alternative form authorized by the commissioner under subdivision 6 of section
					 2994-dd
					 of the Public Health Law. The MOLST form and guidance and checklists for using
					 the MOLST form for any patient in any setting are posted on the department's
					 website.