State Codes and Statutes
Statutes > New-york > Pbh > Article-29-b > 2970§ 2970. Physician review of the order not to resuscitate. 1. For each patient for whom an order not to resuscitate has been issued, the attending physician shall review the patient's chart to determine if the order is still appropriate in light of the patient's condition and shall indicate on the patient's chart that the order has been reviewed each time the patient is required to be seen by a physician but at least every sixty days. Failure to comply with this subdivision shall not render an order not to resuscitate ineffective. 2. (a) If the attending physician determines at any time that an order not to resuscitate is no longer appropriate because the patient's medical condition has improved, the physician shall immediately notify the person who consented to the order. Except as provided in paragraph (b) of this subdivision, if such person declines to revoke consent to the order, the physician shall promptly (i) make reasonable efforts to arrange for the transfer of the patient to another physician or (ii) submit the matter to the dispute mediation system. (b) If the order not to resuscitate was entered upon the consent of a surrogate, parent, or legal guardian and the attending physician who issued the order, or, if unavailable, another attending physician at any time determines that the patient does not suffer from one of the medical conditions set forth in paragraph (c) of subdivision three of section twenty-nine hundred sixty-five of this article, the attending physician shall immediately include such determination in the patient's chart, cancel the order, and notify the person who consented to the order and all hospital staff responsible for the patient's care of the cancellation. (c) If an order not to resuscitate was entered upon the consent of a surrogate and the patient at any time gains or regains capacity, the attending physician who issued the order, or, if unavailable, another attending physician shall immediately cancel the order and notify the person who consented to the order and all hospital staff directly responsible for the patient's care of the cancellation.
