§ 4306-a. Advanced directives and health care proxies.
1.If a\nprospective donor in a hospital has a declaration or advance health care\ndirective and terms of the declaration, directive or proxy document\nconcerning life-sustaining treatment are in conflict with the express or\nimplied terms of a potential anatomical gift with regard to the\nadministration of measures necessary to ensure the medical suitability\nof a part for transplantation or therapy, the prospective donor's\nattending physician and the prospective donor shall confer to resolve\nthe conflict. For purposes of this section, an advance directive shall\nmean a written or oral instruction by the adult patient relating to the\nprovision of health care to the patient when an adult becomes\nincapacitated, including but not
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§ 4306-a. Advanced directives and health care proxies. 1. If a\nprospective donor in a hospital has a declaration or advance health care\ndirective and terms of the declaration, directive or proxy document\nconcerning life-sustaining treatment are in conflict with the express or\nimplied terms of a potential anatomical gift with regard to the\nadministration of measures necessary to ensure the medical suitability\nof a part for transplantation or therapy, the prospective donor's\nattending physician and the prospective donor shall confer to resolve\nthe conflict. For purposes of this section, an advance directive shall\nmean a written or oral instruction by the adult patient relating to the\nprovision of health care to the patient when an adult becomes\nincapacitated, including but not limited to a health care proxy, a\nconsent to the issuance of an order not to resuscitate or other orders\nfor life-sustaining treatment recorded in a patient's medical record, or\na legally-recognized statement of wishes or beliefs.\n 2. If such prospective donor is incapable of resolving the conflict,\nand the patient in such declaration, directive, or proxy document did\nnot expressly reject being a donor, then the health care proxy acting\nunder the prospective donor's declaration, directive, or proxy or, if\nnone, a surrogate authorized to make health care decisions on behalf of\nthe patient, in accordance with the provisions of article twenty-nine-CC\nof this chapter, shall act for the patient to resolve the conflict.\n 3. Such conflict must be resolved expeditiously. Information relevant\nto the resolution of the conflict may be obtained from the appropriate\nprocurement organization and any other person authorized to make an\nanatomical gift for the prospective donor described in subdivision two\nof section forty-three hundred one of this article. Before resolution of\nthe conflict, measures necessary to ensure the medical suitability of\nthe part may not be withheld or withdrawn from the patient if\nwithholding or withdrawing the measures is not contraindicated by\nappropriate end-of-life care.\n