§ 2994-k. Implementation and review of decisions. 1. Hospitals shall
adopt written policies requiring implementation and regular review of
decisions to withhold or withdrew life-sustaining treatment in
accordance with accepted medical standards. Hospitals shall also develop
policies in accord with accepted medical standards regarding
documentation of clinical determinations and decisions by surrogates and
health care providers pursuant to this article.
2. If a decision to withhold or withdraw life-sustaining treatment has
been made pursuant to this article, and an attending practitioner
determines at any time that the decision is no longer appropriate or
authorized because the patient has regained decision-making capacity or
because the patient's condition has otherwise improved, the physician,
nurse practitioner or physician assistant shall immediately:
(a) include such determination in the patient's medical record;
(b) cancel any orders or plans of care implementing the decision to
withhold or withdraw life-sustaining treatment;
(c) notify the person who made the decision to withhold or withdraw
treatment, or, if that person is not reasonably available, to at least
one person on the surrogate list highest in order of priority listed
when persons in prior classes are not reasonably available pursuant to
subdivision one of section twenty-nine hundred ninety-four-d of this
article; and
(d) notify the hospital staff directly responsible for the patient's
care of any cancelled orders or plans of care.