Section 2967. Decision-making on behalf of a minor patient

1. An attending
  physician, in consultation with a  minor's  parent  or  legal  guardian,
  shall  determine  whether  a  minor  has the capacity to make a decision
  regarding resuscitation.
    2. (a) The consent of a minor's  parent  or  legal  guardian  and  the
  consent  of the minor, if the minor has capacity, must be obtained prior
  to issuing an order not to resuscitate the minor.
    (b) Where the attending physician has reason to believe that there  is
  another  parent or a non-custodial parent who has not been informed of a
  decision to issue an order not to resuscitate the minor,  the  attending
  physician, or someone acting on behalf of the attending physician, shall
  make  reasonable  efforts  to  determine  if  the  uninformed  parent or
  non-custodial parent has maintained substantial and  continuous  contact
  with  the  minor  and, if so, shall make diligent efforts to notify that
  parent or non-custodial parent of the  decision  prior  to  issuing  the
  order.
    (c)  If  the  minor  is  in  or  is  transferred from a mental hygiene
  facility, notice of a decision to issue an order not to resuscitate  the
  minor  shall  be  given to the facility director prior to issuance of an
  order not to resuscitate. Notification to the  facility  director  shall
  not  delay  issuance  of  an  order  not to resuscitate. If the facility
  director concludes that issuance of  an  order  not  to  resuscitate  is
  inconsistent  with  this article, the facility director shall submit the
  matter to the dispute mediation system of this article.
    3. A parent  or  legal  guardian  may  consent  to  an  order  not  to
  resuscitate  on  behalf  of  a  minor  only  if there has been a written
  determination by the attending physician, with the  written  concurrence
  of  another physician selected by a person authorized by the hospital to
  make such selections given after personal examination  of  the  patient,
  that,  to  a  reasonable  degree of medical certainty, the minor suffers
  from one of the  medical  conditions  set  forth  in  paragraph  (c)  of
  subdivision  three  of  section  twenty-nine  hundred sixty-five of this
  article. Each determination shall be included in the  patient's  medical
  chart.
    4.  (a)  A  parent  or legal guardian of a minor, in making a decision
  regarding  cardiopulmonary  resuscitation,  shall  consider  the   minor
  patient's  wishes,  including  a  consideration  of  the minor patient's
  religious and moral beliefs, and shall express a decision consenting  to
  issuance of an order not to resuscitate either (i) in writing, dated and
  signed in the presence of one witness eighteen years of age or older who
  shall  sign  the decision, or (ii) orally, to two persons eighteen years
  of age or older, one of whom is a physician affiliated with the hospital
  in which the patient is  being  treated.  Any  such  decision  shall  be
  recorded in the patient's medical chart.
    (b)  The  attending  physician  who is provided with the decision of a
  minor's  parent  or  legal  guardian,   expressed   pursuant   to   this
  subdivision,  and  of the minor if the minor has capacity, shall include
  such decision or decisions in the minor's medical chart and shall comply
  with the provisions of paragraph (b)  of  subdivision  four  of  section
  twenty-nine hundred sixty-five of this article.
    (c)  If the attending physician has actual notice of the opposition of
  a parent or non-custodial parent to consent  by  another  parent  to  an
  order  not to resuscitate a minor, the physician shall submit the matter
  to the dispute mediation system and such order shall not  be  issued  or
  shall  be revoked in accordance with the provisions of subdivision three
  of section twenty-nine hundred seventy-two of this article.