§ 2994-N — Conscience objections

New York § 2994-N

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

Text

§ 2994-n. Conscience objections. 1. Private hospitals. Nothing in this\narticle shall be construed to require a private hospital to honor a\nhealth care decision made pursuant to this article if:\n (a) The decision is contrary to a formally adopted policy of the\nhospital that is expressly based on sincerely held religious beliefs or\nsincerely held moral convictions central to the facility's operating\nprinciples;\n (b) The hospital has informed the patient, family, or surrogate of\nsuch policy prior to or upon admission, if reasonably possible; and\n (c) The patient is transferred promptly to another hospital that is\nreasonably accessible under the circumstances and willing to honor the\ndecision and pending transfer the hospital complies with subdivision\nthree of section twenty-nine hundred ninety-four-f of this article. If\nthe patient's family or surrogate is unable or unwilling to arrange such\na transfer, the hospital may intervene to facilitate such a transfer. If\nsuch a transfer is not effected, the hospital shall seek judicial relief\nin accordance with section twenty-nine hundred ninety-four-r of this\narticle or honor the decision.\n 2. Individual health care providers. Nothing in this article shall be\nconstrued to require an individual as a health care provider to honor a\nhealth care decision made pursuant to this article if:\n (a) the decision is contrary to the individual's sincerely held\nreligious beliefs or sincerely held moral conviction; and\n (b) the individual health care provider promptly informs the person\nwho made the decision and the hospital of his or her refusal to honor\nthe decision. In such event, the hospital shall promptly transfer\nresponsibility for the patient to another individual health care\nprovider willing to honor the decision. The individual health care\nprovider shall cooperate in facilitating such transfer and comply with\nsubdivision three of section twenty-nine hundred ninety-four-f of this\narticle.\n