N.Y. PBH Law § 2899-M

§ 2899-m. Permissible refusals and prohibitions. 1. (a) A physician,\nnurse, pharmacist, other health care provider or other person shall not\nbe under any duty, by law or contract, to participate in the provision\nof medication to a patient under this article.\n (b) If a health care provider is unable or unwilling to participate in\nthe provision of medication to a patient under this article and the\npatient transfers care to a new health care provider, the prior health\ncare provider shall transfer or arrange for the transfer, upon request,\nof a copy of the patient's relevant medical records to the new health\ncare provider.\n 2. (a) A private health care facility may prohibit the prescribing,\ndispensing, ordering or self-administering of medication under this\narticle while the patient is being treated in the health care facility\nor in an affiliated facility that is majority-owned, operated, or\ncontrolled by the same corporate entity as the health care facility, or\nwhile the patient is residing in the health care facility if:\n (i) the prescribing, dispensing, ordering or self-administering is\ncontrary to a formally adopted policy of the health care facility that\nis expressly based on sincerely held religious beliefs or moral\nconvictions central to the health care facility's operating principles;\nand\n (ii) the health care facility has informed the patient of such policy\nprior to admission or as soon as reasonably possible.\n (b) Where a health care facility has adopted a prohibition under this\nsubdivision, if a patient who wishes to use medication under this\narticle requests, the patient shall be transferred promptly to another\nhealth care facility that is reasonably accessible under the\ncircumstances and willing to permit the prescribing, dispensing,\nordering and self-administering of medication under this article with\nrespect to the patient.\n (b-1) A health care facility or an affiliated facility that is\nmajority-owned, operated, or controlled by the same corporate entity as\nthe health care facility that has adopted a prohibition under this\nsubdivision may restrict any employee from participating in the\nprovision of medication under this article.\n (c) Where a health care facility has adopted a prohibition under this\nsubdivision, any health care provider or employee or independent\ncontractor of the health care facility or any facility that is\nmajority-owned, operated, or controlled by the same corporate entity as\nthe health care facility who violates the prohibition may be subject to\nsanctions otherwise available to the health care facility, provided the\nhealth care facility has previously notified the health care provider,\nemployee or independent contractor of the prohibition in writing.\n 3. Nothing in this section shall be construed to restrict a patient at\nhome from accessing care under this article.\n