Section 2984. Provider's obligations  


Latest version.
  • 1.  A  health care provider who is
      provided with a health care proxy shall arrange for the proxy or a  copy
      thereof  to  be inserted in the principal's medical record if the health
      care proxy has not been included in such record.
        2. A health care provider shall comply with health care decisions made
      by an agent in good faith under a health care proxy to the  same  extent
      as  if  such  decisions  had  been made by the principal, subject to any
      limitations in the health care proxy and pursuant to the  provisions  of
      subdivision  five  of  section two thousand nine hundred eighty-three of
      this article.
        3. Notwithstanding subdivision two of this section,  nothing  in  this
      article  shall  be  construed  to require a private hospital to honor an
      agent's health care decision that the hospital would not  honor  if  the
      decision had been made by the principal because the decision is contrary
      to  a formally adopted policy of the hospital that is expressly based on
      religious beliefs or sincerely held moral  convictions  central  to  the
      facility's  operating  principles and the hospital would be permitted by
      law to refuse to honor the decision if made by the principal, provided:
        (a) the hospital has informed the patient or the health care agent  of
      such policy prior to or upon admission, if reasonably possible; and
        (b)  the  patient  is transferred promptly to another hospital that is
      reasonably accessible under the circumstances and is  willing  to  honor
      the  agent's  decision.  If  the agent is unable or unwilling to arrange
      such a transfer,  the  hospital  may  intervene  to  facilitate  such  a
      transfer.  If  such  a transfer is not effected, the hospital shall seek
      judicial relief or honor the agent's decision.
        4. Notwithstanding subdivision two of this section,  nothing  in  this
      article  shall  be  construed  to require an individual as a health care
      provider to honor an agent's health care decision  that  the  individual
      would  not  honor if the decision had been made by the principal because
      the decision is  contrary  to  the  individual's  religious  beliefs  or
      sincerely  held  moral  convictions, provided the individual health care
      provider promptly informs the health care agent and the hospital of  his
      or  her  refusal  to  honor  the  agent's  decision.  In such event, the
      hospital shall promptly  transfer  responsibility  for  the  patient  to
      another  individual  health  care  provider willing to honor the agent's
      decision.  The  individual  health  care  provider  shall  cooperate  in
      facilitating such transfer of the patient.