§ 2994-DD — Managing a nonhospital order not to resuscitate

§ 2994-dd. Managing a nonhospital order not to resuscitate. 1. The\nattending practitioner shall record the issuance of a nonhospital order\nnot to resuscitate in the patient's medical record.\n 2. A nonhospital order not to resuscitate shall be issued upon a\nstandard form prescribed by the commissioner. A standard bracelet or\nother article may be worn by a patient with a nonhospital order not to\nresuscitate to identify that status; provided, however, that no person\nmay require a patient to wear such an article and that no person may\nrequire a patient to wear such an article as a condition for honoring a\nnonhospital order not to resuscitate or for providing health care\nservices.\n 3. An attending practitioner who has issued a nonhospital order not to\nresuscitate, and who transfers care of the patient to another physician,\nnurse practitioner or physician assistant, shall inform the physician,\nnurse practitioner or physician assistant of the order.\n 4. For each patient for whom a nonhospital order not to resuscitate\nhas been issued, the attending practitioner shall review whether the\norder is still appropriate in light of the patient's condition each time\nhe or she examines the patient, whether in the hospital or elsewhere,\nbut at least every ninety days, provided that the review need not occur\nmore than once every seven days. The attending practitioner shall record\nthe review in the patient's medical record provided, however, that a\nphysician assistant or a registered nurse, other than the attending\nnurse practitioner, who provides direct care to the patient may record\nthe review in the medical record at the direction of the physician. In\nsuch case, the attending practitioner shall include a confirmation of\nthe review in the patient's medical record within fourteen days of such\nreview. Failure to comply with this subdivision shall not render a\nnonhospital order not to resuscitate ineffective.\n 5. A person who has consented to a nonhospital order not to\nresuscitate may at any time revoke his or her consent to the order by\nany act evidencing a specific intent to revoke such consent. Any health\ncare professional, other than the attending practitioner, informed of a\nrevocation of consent to a nonhospital order not to resuscitate shall\nnotify the attending practitioner of the revocation. An attending\npractitioner who is informed that a nonhospital order not to resuscitate\nhas been revoked shall record the revocation in the patient's medical\nrecord, cancel the order and make diligent efforts to retrieve the form\nissuing the order, and the standard bracelet, if any.\n 6. The commissioner may authorize the use of one or more alternative\nforms for issuing a nonhospital order not to resuscitate (in place of\nthe standard form prescribed by the commissioner under subdivision two\nof this section). Such alternative form or forms may also be used to\nissue a non-hospital do not intubate order. Any such alternative forms\nintended for use for persons with developmental disabilities or persons\nwith mental illness who are incapable of making their own health care\ndecisions or who have a guardian of the person appointed pursuant to\narticle eighty-one of the mental hygiene law or article seventeen-A of\nthe surrogate's court procedure act must also be approved by the\ncommissioner of developmental disabilities or the commissioner of mental\nhealth, as appropriate. An alternative form under this subdivision shall\notherwise conform with applicable federal and state law. This\nsubdivision does not limit, restrict or impair the use of an alternative\nform for issuing an order not to resuscitate in a general hospital or\nresidential health care facility under article twenty-eight of this\nchapter or a hospital under subdivision ten of section 1.03 of the\nmental hygiene law or a facility certified or operated by the office for\npeople with developmental disabilities.\n