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New York State Consolidated Laws
Public Health

ARTICLE 29-B
ORDERS NOT TO RESUSCITATE

  S 2974. Immunity.

1. No physician, health care professional, nurse`s aide, hospital or person employed by or under contract with the hospital shall be subject to criminal prosecution, civil liability, or be deemed to have engaged in unprofessional conduct for carrying out in good faith pursuant to this article a decision regarding cardiopulmonary resuscitation by or on behalf of a patient or for those actions taken in compliance with the standards and procedures set forth in this article.

2. No physician, health care professional, nurse`s aide, hospital, or person employed by or under contract with the hospital shall be subjected to criminal prosecution, civil liability, or be deemed to have engaged in unprofessional conduct for providing cardiopulmonary resuscitation to a patient for whom an order not to resuscitate has been issued, provided such physician or person;

(a) reasonably and in good faith was unaware of the issuance of an order not to resuscitate; or

(b) reasonably and in good faith believed that consent to the order not to resuscitate had been revoked or cancelled.

3. No person shall be subject to criminal prosecution or civil liability for consenting or declining to consent in good faith, on behalf of a patient, to the issuance of an order not to resuscitate pursuant to this article.

4. No person shall be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct for acts performed in good faith as a mediator in the dispute mediation system established by this article.


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