§ 2997-c. Palliative care patient information.
1.Definitions. As used\nin this section, the following terms shall have the following meanings,\nunless the context clearly requires otherwise:\n (a) "Appropriate" means consistent with applicable legal, health and\nprofessional standards; the patient's clinical and other circumstances;\nand the patient's reasonably known wishes and beliefs.\n (b) "Attending health care practitioner" means a physician or nurse\npractitioner who has primary responsibility for the care and treatment\nof the patient. Where more than one physician or nurse practitioner\nshare that responsibility, each of them has responsibility under this\nsection, unless they agree to assign that responsibility to one of them.\n (c) "Palliative care" means health care treat
Free access — add to your briefcase to read the full text and ask questions with AI
§ 2997-c. Palliative care patient information. 1. Definitions. As used\nin this section, the following terms shall have the following meanings,\nunless the context clearly requires otherwise:\n (a) "Appropriate" means consistent with applicable legal, health and\nprofessional standards; the patient's clinical and other circumstances;\nand the patient's reasonably known wishes and beliefs.\n (b) "Attending health care practitioner" means a physician or nurse\npractitioner who has primary responsibility for the care and treatment\nof the patient. Where more than one physician or nurse practitioner\nshare that responsibility, each of them has responsibility under this\nsection, unless they agree to assign that responsibility to one of them.\n (c) "Palliative care" means health care treatment, including\ninterdisciplinary end-of-life care, and consultation with patients and\nfamily members, to prevent or relieve pain and suffering and to enhance\nthe patient's quality of life, including hospice care under article\nforty of this chapter.\n (d) "Terminal illness or condition" means an illness or condition\nwhich can reasonably be expected to cause death within six months,\nwhether or not treatment is provided.\n 2. If a patient is diagnosed with a terminal illness or condition, the\npatient's attending health care practitioner shall offer to provide the\npatient with:\n (a) information and counseling regarding palliative care and\nend-of-life options appropriate to the patient, including but not\nlimited to: the range of options appropriate to the patient; the\nprognosis, risks and benefits of the various options; and the patient's\nlegal rights to comprehensive pain and symptom management at the end of\nlife, and\n (b) information regarding other appropriate treatment options should\nthe patient wish to initiate or continue treatment. The information and\ncounseling may be provided orally or in writing. Where the patient lacks\ncapacity to reasonably understand and make informed choices relating to\npalliative care, the attending health care practitioner shall provide\ninformation and counseling under this section to a person with authority\nto make health care decisions for the patient. The attending health care\npractitioner may arrange for information and counseling under this\nsection to be provided by another professionally qualified individual,\nand\n (c) information and counseling regarding benefits of completing a\nhealth care proxy and appointing a health care agent. A copy of the\nnewly completed or existing health care proxy shall be requested by the\nhealth care practitioner and made a part of the patient's medical\nrecord.\n 3. Where the attending health care practitioner is not willing or does\nnot feel qualified to provide the patient with information and\ncounseling under this section, he or she shall arrange for another\nphysician or nurse practitioner to do so, or shall refer or transfer the\npatient to another physician or nurse practitioner willing to do so.\n