§ 2994-L — Interinstitutional transfers

New York § 2994-L

• Jurisdiction: New York
• Law PBH: Public Health
• Art. 29-CC: Family Health Care Decisions Act

Text

§ 2994-l. Interinstitutional transfers. 1. If a patient with an order\nto withhold or withdraw life-sustaining treatment is transferred from a\nmental hygiene facility to a hospital or from a hospital to a different\nhospital, any such order or plan shall remain effective until an\nattending practitioner first examines the transferred patient, whereupon\nan attending practitioner must either:\n (a) Issue appropriate orders to continue the prior order or plan. Such\norders may be issued without obtaining another consent to withhold or\nwithdraw life-sustaining treatment pursuant to this article; or\n (b) Cancel such order, if the attending practitioner determines that\nthe order is no longer appropriate or authorized. Before canceling the\norder the attending practitioner shall make reasonable efforts to notify\nthe person who made the decision to withhold or withdraw treatment and\nthe hospital staff directly responsible for the patient's care of any\nsuch cancellation. If such notice cannot reasonably be made prior to\ncanceling the order or plan, the attending practitioner shall make such\nnotice as soon as reasonably practicable after cancellation.\n 2. Orders to withhold or withdraw life-sustaining treatment shall\nremain effective and no affirmative action by a general hospital shall\nbe required pursuant to this section where a patient is transferred\nwithin a general hospital between a medical unit and a ward, wing, unit,\nor other part of the general hospital which is operated for the purpose\nof providing services for persons with mental illness pursuant to an\noperating certificate issued by the commissioner of mental health.\n