Summary of NYS Law

Decisions Regarding Life Sustaining Treatment

Prepared by: Jack Freer MD


Law by Treatment Decision

The way in which each kind of treatment decision is regulated by the various laws in NYS

Case Law

DNR Law

HCProxy Law

CPR

Competent patients may refuse any treatment including CPR

DNR Law applies specifically to CPR (and only CPR) decisions

A health care agent may make all * decisions (including CPR) for incapacitated patient

Non-CPR

Intubation- Ventilator

Competent patients may refuse any treatment including ventilator

DNR Law does NOT apply to intubation-ventilation outside of an arrest

A health care agent may make all * decisions (including ventilator) for incapacitated patient

Other *

Treatment

Competent patients may refuse any treatment

DNR Law does NOT apply

A health care agent may make all * decisions for incapacitated patient

* Hydration-

Nutrition

Competent patients may refuse any treatment (including hydration-nutrition)

DNR Law does NOT apply

* A health care agent may make all decisions for incapacitated patient (but must be familiar with patient wishes re: H-N)

* See below


Law by Type of Advance Directive

How each kind of advance directive is supported by the various laws in NYS

Case Law

DNR Law

HCProxy Law

Instructional:

Prior Verbal Statement

Prior treatment decisions are respected if they are specific and serious

Prior DNR decisions are respected

N/A

Instructional:

Prior Written Statement (Living Will)

Prior treatment decisions are respected if they are specific (presumed to be serious because they are written)

Prior DNR decisions are respected

Instructions are sometimes included on a combination health care proxy and living will form

Proxy:

Health Care Proxy

N/A

Top name on surrogate list (if incapacitated) is HCP agent

HCP is the proxy directive approved in NYS

Proxy:

Durable POA for Health Care

N/A

DPOAHC is acceptable in NYS if it was executed in a state that uses that form of proxy designation

DPOAHC is acceptable in NYS if it was executed in a state that uses that form of proxy designation

 


Law by Decision Maker

Who is actually authorized to make the decisions under each law (if the patient is authorized, he or she must have made the decision in advance of becoming incapacitated)

Case Law

DNR Law

HCProxy Law

Patient

YES

EITHER

NO

Surrogate

NO

YES

 

*

The Health Care Proxy Law authorizes the agent to make any medical decision for an incapacitated patient, except hydration-nutrition decisions (unless the agent is familiar with the patients wishes in that regard). Note: this does not have to be at the same level of specificity as for instructional ADs in NYS. In other words, the patient did not have to spell out all the circumstances under which it would be permissible to forgo H/N, but only that it would be OK for the agent to decide to do it. Some people believe H/N are always obligatory and must never be withheld. The clause here is to make sure the patient did not feel that way, and that the agent was empowered to make such decisions.

 

 


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Page last updated: 11/1/99