§ 2994-B — Applicability; priority of certain other surrogate decision-making laws and regulations

§ 2994-b. Applicability; priority of certain other surrogate\ndecision-making laws and regulations. 1. This article shall apply to\nhealth care decisions regarding health care provided in a hospital, and\nto decisions regarding hospice care without regard to where the decision\nis made or where the care is provided, for a patient who lacks\ndecision-making capacity, except as limited by this section.\n 1-a. This article shall also apply to decisions regarding orders not\nto resuscitate for a patient who lacks decision-making capacity in a\nhospital as defined by section 1.03 of the mental hygiene law.\n 2. Prior to seeking or relying upon a health care decision by a\nsurrogate for a patient under this article, the attending practitioner\nshall make reasonable efforts to determine whether the patient has a\nhealth care agent appointed pursuant to article twenty-nine-C of this\nchapter. If so, health care decisions for the patient shall be governed\nby such article, and shall have priority over decisions by any other\nperson except the patient or as otherwise provided in the health care\nproxy.\n 3. Prior to seeking or relying upon a health care decision by a\nsurrogate for a patient under this article, if the attending\npractitioner has reason to believe that the patient has a history of\nreceiving services for an intellectual or developmental disability; it\nreasonably appears to the attending practitioner that the patient has an\nintellectual or developmental disability; or the practitioner in a\ngeneral hospital has reason to believe that the patient has been\ntemporarily transferred from a mental hygiene facility operated or\nlicensed by the office of mental health or the office for people with\ndevelopmental disabilities, then such physician, nurse practitioner or\nphysician assistant shall make reasonable efforts to determine whether\nparagraph (a), (b) or (c) of this subdivision is applicable:\n (a) If the patient has a guardian appointed by a court pursuant to\narticle seventeen-A of the surrogate's court procedure act, health care\ndecisions for the patient shall be governed by section seventeen hundred\nfifty-b of the surrogate's court procedure act and not by this article.\n (b) If a patient does not have a guardian appointed by a court\npursuant to article seventeen-A of the surrogate's court procedure act\nbut falls within the class of persons described in paragraph (a) of\nsubdivision one of section seventeen hundred fifty-b of such act,\ndecisions to withdraw or withhold life-sustaining treatment for the\npatient shall be governed by section seventeen hundred fifty-b of the\nsurrogate's court procedure act and not by this article.\n (c) If a health care decision for a patient cannot be made under\nparagraphs (a) or (b) of this subdivision, but consent for the decision\nmay be provided pursuant to the mental hygiene law or regulations of the\noffice of mental health or the office for people with developmental\ndisabilities, then the decision shall be governed by such statute or\nregulations and not by this article.\n 4. If, after reasonable efforts, it is determined that a health care\ndecision for the patient cannot be made pursuant to subdivision two or\nthree of this section, then the health care decision shall be made\npursuant to this article.\n