§ 2994-b. Applicability; priority of certain other surrogate
decision-making laws and regulations. 1. This article shall apply to
health care decisions regarding health care provided in a hospital, and
to decisions regarding hospice care without regard to where the decision
is made or where the care is provided, for a patient who lacks
decision-making capacity, except as limited by this section.

1-a. This article shall also apply to decisions regarding orders not
to resuscitate for a patient who lacks decision-making capacity in a
hospital as defined by section 1.03 of the mental hygiene law.

2. Prior to seeking or relying upon a health care decision by a
surrogate for a patient under this article, the attending practitioner
shall make reasonable efforts to determine whether the patient has a
health care agent appointed pursuant to article twenty-nine-C of this
chapter. If so, health care decisions for the patient shall be governed
by such article, and shall have priority over decisions by any other
person except the patient or as otherwise provided in the health care
proxy.

3. Prior to seeking or relying upon a health care decision by a
surrogate for a patient under this article, if the attending
practitioner has reason to believe that the patient has a history of
receiving services for an intellectual or developmental disability; it
reasonably appears to the attending practitioner that the patient has an
intellectual or developmental disability; or the practitioner in a
general hospital has reason to believe that the patient has been
temporarily transferred from a mental hygiene facility operated or
licensed by the office of mental health or the office for people with
developmental disabilities, then such physician, nurse practitioner or
physician assistant shall make reasonable efforts to determine whether
paragraph (a), (b) or (c) of this subdivision is applicable:

(a) If the patient has a guardian appointed by a court pursuant to
article seventeen-A of the surrogate's court procedure act, health care
decisions for the patient shall be governed by section seventeen hundred
fifty-b of the surrogate's court procedure act and not by this article.

(b) If a patient does not have a guardian appointed by a court
pursuant to article seventeen-A of the surrogate's court procedure act
but falls within the class of persons described in paragraph (a) of
subdivision one of section seventeen hundred fifty-b of such act,
decisions to withdraw or withhold life-sustaining treatment for the
patient shall be governed by section seventeen hundred fifty-b of the
surrogate's court procedure act and not by this article.

(c) If a health care decision for a patient cannot be made under
paragraphs (a) or (b) of this subdivision, but consent for the decision
may be provided pursuant to the mental hygiene law or regulations of the
office of mental health or the office for people with developmental
disabilities, then the decision shall be governed by such statute or
regulations and not by this article.

4. If, after reasonable efforts, it is determined that a health care
decision for the patient cannot be made pursuant to subdivision two or
three of this section, then the health care decision shall be made
pursuant to this article.