Determination of Capacity to Make a Decision Regarding Cardiopulmonary Resuscitation – N.Y. Pub. Health Law § 2963

Attending physicians must determine “to a reasonable degree of medical certainty” whether an adult patient lacks capacity to make a decision regarding cardiopulmonary resuscitation. Attending physicians must document, in writing, the circumstances giving rise to the incapacity and the likely duration of the incapacity and place such documentation in the patient’s medical chart. Another physician must then examine the patient, and upon determining that the patient lacks capacity, document their concurring opinion in writing and place the concurrent in the patient’s medical chart. 

If an attending physician determines that a mental illness or developmental disability has removed the patient’s capacity, then a physician or psychologist that specializes, respectively, in mental illness or development disabilities or has been approved by the commissioner must issue the concurring opinion. 

A patient and their surrogate must receive notice upon a determination that the patient lacks capacity.