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2003 NY Att'y Gen. Rep. & Op. [i] (2003)

handle is hein.nyattgen/nysag0118 and id is 1 raw text is: OPINIONS OF THE NEW YORK STATE ATTORNEY GENERAL Opn. No. F 2003-1 PUBLIC HEALTH LAW §§2960, 2961, 2962,2964, 2965,2966,2970,2972, 2973; 10 N.Y.C.R.R. 405.43(f). Where a patient is incapacitated and did not consent to the entry of a do-not-resuscitate order prior to becoming incapacitated, a phy- sician must obtain the consent of the patient's surrogate or health care agent before entering a do-not-resuscitate order, even if the physician concludes that administration of cardiopulmonary resusci- tation would be medically futile. Only where no health care agent was appointed and no competent surrogate is reasonably available and willing to make a decision may the physician enter a do-not-re- suscitate order based on medical futility without obtaining consent, and then only with the concurrence of another physician that resus- citative efforts would be medically futile or by obtaining a court order. To dispute the decision of the health care agent or surrogate, the physician must proceed to mediation and, if the dispute remains unresolved, commence a court action. You have asked whether a physician who is treating a legally incapacitated patient and who concludes that admini- stration of cardiopulmonary resuscitation would be medi- cally futile' has the authority to enter a do-not-resuscitate 1. For purposes of the statutory scheme governing orders not to resuscitate, cardiopulmonary resuscitation is defined as measures... to restore cardiac function or to support ventilation in the event of cardiac or respiratory arrest and medically futile means either situations in which such measures will not be successful in restoring cardiac and respiratory function or situations in which the patient will experience repeated arrest in a short period before death occurs. Pub. Health Law §2961(4),(12).

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