Legislation
SECTION 2984
Provider's obligations
Public Health (PBH) CHAPTER 45, ARTICLE 29-C
§ 2984. Provider's obligations. 1. A health care provider who is
provided with a health care proxy shall arrange for the proxy or a copy
thereof to be inserted in the principal's medical record if the health
care proxy has not been included in such record.
2. A health care provider shall comply with health care decisions made
by an agent in good faith under a health care proxy to the same extent
as if such decisions had been made by the principal, subject to any
limitations in the health care proxy and pursuant to the provisions of
subdivision five of section two thousand nine hundred eighty-three of
this article.
3. Notwithstanding subdivision two of this section, nothing in this
article shall be construed to require a private hospital to honor an
agent's health care decision that the hospital would not honor if the
decision had been made by the principal because the decision is contrary
to a formally adopted policy of the hospital that is expressly based on
religious beliefs or sincerely held moral convictions central to the
facility's operating principles and the hospital would be permitted by
law to refuse to honor the decision if made by the principal, provided:
(a) the hospital has informed the patient or the health care agent of
such policy prior to or upon admission, if reasonably possible; and
(b) the patient is transferred promptly to another hospital that is
reasonably accessible under the circumstances and is willing to honor
the agent's decision and pending transfer the hospital complies with
subdivision five of this section. If the agent is unable or unwilling to
arrange such a transfer, the hospital may intervene to facilitate such a
transfer. If such a transfer is not effected, the hospital shall seek
judicial relief in accordance with section twenty-nine hundred
ninety-two of this article or honor the agent's decision.
4. Notwithstanding subdivision two of this section, nothing in this
article shall be construed to require an individual as a health care
provider to honor an agent's health care decision that the individual
would not honor if the decision had been made by the principal because
the decision is contrary to the individual's religious beliefs or
sincerely held moral convictions, provided the individual health care
provider promptly informs the health care agent and the hospital of his
or her refusal to honor the agent's decision. In such event, the
hospital shall promptly transfer responsibility for the patient to
another individual health care provider willing to honor the agent's
decision. The individual health care provider shall cooperate in
facilitating such transfer of the patient and comply with subdivision
five of this section.
5. Notwithstanding the provisions of this section or subdivision two
of section twenty-nine hundred eighty-nine of this article, if an agent
directs the provision of life-sustaining treatment, the denial of which
in reasonable medical judgment would be likely to result in the death of
the patient, a hospital or individual health care provider that does not
wish to provide such treatment shall nonetheless comply with the agent's
decision pending either transfer of the patient to a willing hospital or
individual health care provider, or judicial review in accordance with
section twenty-nine hundred ninety-two of this article.
provided with a health care proxy shall arrange for the proxy or a copy
thereof to be inserted in the principal's medical record if the health
care proxy has not been included in such record.
2. A health care provider shall comply with health care decisions made
by an agent in good faith under a health care proxy to the same extent
as if such decisions had been made by the principal, subject to any
limitations in the health care proxy and pursuant to the provisions of
subdivision five of section two thousand nine hundred eighty-three of
this article.
3. Notwithstanding subdivision two of this section, nothing in this
article shall be construed to require a private hospital to honor an
agent's health care decision that the hospital would not honor if the
decision had been made by the principal because the decision is contrary
to a formally adopted policy of the hospital that is expressly based on
religious beliefs or sincerely held moral convictions central to the
facility's operating principles and the hospital would be permitted by
law to refuse to honor the decision if made by the principal, provided:
(a) the hospital has informed the patient or the health care agent of
such policy prior to or upon admission, if reasonably possible; and
(b) the patient is transferred promptly to another hospital that is
reasonably accessible under the circumstances and is willing to honor
the agent's decision and pending transfer the hospital complies with
subdivision five of this section. If the agent is unable or unwilling to
arrange such a transfer, the hospital may intervene to facilitate such a
transfer. If such a transfer is not effected, the hospital shall seek
judicial relief in accordance with section twenty-nine hundred
ninety-two of this article or honor the agent's decision.
4. Notwithstanding subdivision two of this section, nothing in this
article shall be construed to require an individual as a health care
provider to honor an agent's health care decision that the individual
would not honor if the decision had been made by the principal because
the decision is contrary to the individual's religious beliefs or
sincerely held moral convictions, provided the individual health care
provider promptly informs the health care agent and the hospital of his
or her refusal to honor the agent's decision. In such event, the
hospital shall promptly transfer responsibility for the patient to
another individual health care provider willing to honor the agent's
decision. The individual health care provider shall cooperate in
facilitating such transfer of the patient and comply with subdivision
five of this section.
5. Notwithstanding the provisions of this section or subdivision two
of section twenty-nine hundred eighty-nine of this article, if an agent
directs the provision of life-sustaining treatment, the denial of which
in reasonable medical judgment would be likely to result in the death of
the patient, a hospital or individual health care provider that does not
wish to provide such treatment shall nonetheless comply with the agent's
decision pending either transfer of the patient to a willing hospital or
individual health care provider, or judicial review in accordance with
section twenty-nine hundred ninety-two of this article.