§ 2994-cc. Consent to a nonhospital order not to resuscitate. 1. An
adult with decision-making capacity, a health care agent, or a surrogate
may consent to a nonhospital order not to resuscitate orally to the
attending practitioner or in writing. If a patient consents to a
nonhospital order not to resuscitate while in a correctional facility,
notice of the patient's consent shall be given to the facility director
and reasonable efforts shall be made to notify an individual designated
by the patient to receive such notice prior to the issuance of the
nonhospital order not to resuscitate. Notification to the facility
director or the individual designated by the patient shall not delay
issuance of a nonhospital order not to resuscitate.

2. Consent by a health care agent shall be governed by article
twenty-nine-C of this chapter.

3. Consent by a surrogate shall be governed by article twenty-nine-CC
of this chapter, except that: (a) a second determination of capacity
shall be made by a health or social services practitioner; and (b) the
authority of the ethics review committee set forth in article
twenty-nine-CC of this chapter shall apply only to nonhospital orders
issued in a hospital.

4. (a) When the concurrence of a second physician, nurse practitioner
or physician assistant is sought to fulfill the requirements for the
issuance of a nonhospital order not to resuscitate for patients in a
correctional facility, such second physician, nurse practitioner or
physician assistant shall be selected by the chief medical officer of
the department of corrections and community supervision or his or her
designee.

(b) When the concurrence of a second physician, nurse practitioner or
physician assistant is sought to fulfill the requirements for the
issuance of a nonhospital order not to resuscitate for hospice and home
care patients, such second physician, nurse practitioner or physician
assistant shall be selected by the hospice medical director or hospice
nurse coordinator designated by the medical director or by the home care
services agency director of patient care services, as appropriate to the
patient.

5. Consent by a patient or a surrogate for a patient in a residential
facility operated or licensed by the office of mental health, other than
a hospital as defined in section 1.03 of the mental hygiene law, shall
be governed by this article. Consent by a patient who is intellectually
or otherwise developmentally disabled and is eligible for
life-sustaining treatment decision pursuant to section seventeen hundred
fifty-b of the surrogate's court procedure act shall be governed by that
section.