N.Y. PBH Law § 2994-CC

§ 2994-cc. Consent to a nonhospital order not to resuscitate. 1. An\nadult with decision-making capacity, a health care agent, or a surrogate\nmay consent to a nonhospital order not to resuscitate orally to the\nattending practitioner or in writing. If a patient consents to a\nnonhospital order not to resuscitate while in a correctional facility,\nnotice of the patient's consent shall be given to the facility director\nand reasonable efforts shall be made to notify an individual designated\nby the patient to receive such notice prior to the issuance of the\nnonhospital order not to resuscitate. Notification to the facility\ndirector or the individual designated by the patient shall not delay\nissuance of a nonhospital order not to resuscitate.\n 2. Consent by a health care agent shall be governed by article\ntwenty-nine-C of this chapter.\n 3. Consent by a surrogate shall be governed by article twenty-nine-CC\nof this chapter, except that: (a) a second determination of capacity\nshall be made by a health or social services practitioner; and (b) the\nauthority of the ethics review committee set forth in article\ntwenty-nine-CC of this chapter shall apply only to nonhospital orders\nissued in a hospital.\n 4. (a) When the concurrence of a second physician, nurse practitioner\nor physician assistant is sought to fulfill the requirements for the\nissuance of a nonhospital order not to resuscitate for patients in a\ncorrectional facility, such second physician, nurse practitioner or\nphysician assistant shall be selected by the chief medical officer of\nthe department of corrections and community supervision or his or her\ndesignee.\n (b) When the concurrence of a second physician, nurse practitioner or\nphysician assistant is sought to fulfill the requirements for the\nissuance of a nonhospital order not to resuscitate for hospice and home\ncare patients, such second physician, nurse practitioner or physician\nassistant shall be selected by the hospice medical director or hospice\nnurse coordinator designated by the medical director or by the home care\nservices agency director of patient care services, as appropriate to the\npatient.\n 5. Consent by a patient or a surrogate for a patient in a residential\nfacility operated or licensed by the office of mental health, other than\na hospital as defined in section 1.03 of the mental hygiene law, shall\nbe governed by this article. Consent by a patient who is intellectually\nor otherwise developmentally disabled and is eligible for\nlife-sustaining treatment decision pursuant to section seventeen hundred\nfifty-b of the surrogate's court procedure act shall be governed by that\nsection.\n