Section 2970. Physician review of the order not to resuscitate

1. For each
  patient for whom an order  not  to  resuscitate  has  been  issued,  the
  attending physician shall review the patient's chart to determine if the
  order is still appropriate in light of the patient's condition and shall
  indicate on the patient's chart that the order has been reviewed:
    (a) for a patient, excluding outpatients described in paragraph (b) of
  this  subdivision  and  alternate level of care patients, in a hospital,
  other than a residential health care  facility,  at  least  every  seven
  days;
    (b)  for  an  outpatient  whose  order not to resuscitate is effective
  while the patient receives care in a hospital, each time  the  attending
  physician  examines  the  patient, whether in the hospital or elsewhere,
  provided that the review need not occur more than once every seven days;
  and
    (c) for a  patient  in  a  residential  health  care  facility  or  an
  alternate  level of care patient in a hospital, each time the patient is
  required to be seen by a physician but at least every sixty days.
    Failure to comply with this subdivision shall not render an order  not
  to resuscitate ineffective.
    2. (a) If the attending physician determines at any time that an order
  not  to  resuscitate  is  no  longer  appropriate  because the patient's
  medical condition has improved, the physician shall  immediately  notify
  the  person  who consented to the order. Except as provided in paragraph
  (b) of this subdivision, if such person declines to  revoke  consent  to
  the  order,  the physician shall promptly (i) make reasonable efforts to
  arrange for the transfer of the patient to  another  physician  or  (ii)
  submit the matter to the dispute mediation system.
    (b)  If the order not to resuscitate was entered upon the consent of a
  surrogate, parent, or legal guardian and  the  attending  physician  who
  issued the order, or, if unavailable, another attending physician at any
  time determines that the patient does not suffer from one of the medical
  conditions  set  forth  in paragraph (c) of subdivision three of section
  twenty-nine hundred sixty-five of this article, the attending  physician
  shall  immediately  include  such  determination in the patient's chart,
  cancel the order, and notify the person who consented to the  order  and
  all   hospital   staff   responsible  for  the  patient's  care  of  the
  cancellation.
    (c) If an order not to resuscitate was entered upon the consent  of  a
  surrogate  and  the  patient  at any time gains or regains capacity, the
  attending physician who issued the order, or,  if  unavailable,  another
  attending  physician  shall  immediately cancel the order and notify the
  person who consented to  the  order  and  all  hospital  staff  directly
  responsible for the patient's care of the cancellation.