N.Y. Public Health Law Section 2994-L
Interinstitutional transfers


1.

If a patient with an order to withhold or withdraw life-sustaining treatment is transferred from a mental hygiene facility to a hospital or from a hospital to a different hospital, any such order or plan shall remain effective until an attending practitioner first examines the transferred patient, whereupon an attending practitioner must either:

(a)

Issue appropriate orders to continue the prior order or plan. Such orders may be issued without obtaining another consent to withhold or withdraw life-sustaining treatment pursuant to this article; or

(b)

Cancel such order, if the attending practitioner determines that the order is no longer appropriate or authorized. Before canceling the order the attending practitioner shall make reasonable efforts to notify the person who made the decision to withhold or withdraw treatment and the hospital staff directly responsible for the patient’s care of any such cancellation. If such notice cannot reasonably be made prior to canceling the order or plan, the attending practitioner shall make such notice as soon as reasonably practicable after cancellation.

2.

Orders to withhold or withdraw life-sustaining treatment shall remain effective and no affirmative action by a general hospital shall be required pursuant to this section where a patient is transferred within a general hospital between a medical unit and a ward, wing, unit, or other part of the general hospital which is operated for the purpose of providing services for persons with mental illness pursuant to an operating certificate issued by the commissioner of mental health.

Source: Section 2994-L — Interinstitutional transfers, https://www.­nysenate.­gov/legislation/laws/PBH/2994-L (updated Mar. 29, 2024; accessed Jul. 13, 2024).

Accessed:
Jul. 13, 2024

Last modified:
Mar. 29, 2024

§ 2994-L’s source at nysenate​.gov

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