Requirements for Decision-making by an Adult with Capacity – N.Y. Pub. Health Law § 2964

Adults with capacity may make consent to a do not resuscitate order (DNR) orally or in writing.  A patient in a hospital may give their oral consent to a DNR by expressing their wishes to two adult witnesses one of whom is a physician at the hospital. A patient may give their written consent to a DNR before or during their hospitalization by signing and dating a document in front of two adult witnesses that also sign the document. 

Attending physicians must document a patient’s DNR consent in the patient’s medical chart upon witnessing the patient’s oral consent or receiving a signed consent document. Physicians must then issue or object to the DNR order. A physician that objects to a DNR order must explain their object to the patient and attempt to transfer to patient to another physician. 

If a patient’s DNR refers to specific medical conditions, the attending physician must examine the patient to ensure that such conditions exist and document this exam in the patient’s medical chart.