N.Y. Public Health Law 2994-N – Conscience objections
§ 2994-n. Conscience objections. 1. Private hospitals. Nothing in this article shall be construed to require a private hospital to honor a health care decision made pursuant to this article if:
Terms Used In N.Y. Public Health Law 2994-N
- Conviction: A judgement of guilt against a criminal defendant.
- Health care: means any treatment, service, or procedure to diagnose or treat an individual's physical or mental condition. See N.Y. Public Health Law 2994-A
- Health care decision: means any decision to consent or refuse to consent to health care. See N.Y. Public Health Law 2994-A
- Health care provider: means an individual or facility licensed, certified, or otherwise authorized or permitted by law to administer health care in the ordinary course of business or professional practice. See N.Y. Public Health Law 2994-A
- Hospital: means a general hospital, a residential health care facility, or hospice. See N.Y. Public Health Law 2994-A
- Patient: means a person admitted to a hospital. See N.Y. Public Health Law 2994-A
- Surrogate: means the person selected to make a health care decision on behalf of a patient pursuant to section twenty-nine hundred ninety-four-d of this article. See N.Y. Public Health Law 2994-A
(a) The decision is contrary to a formally adopted policy of the hospital that is expressly based on sincerely held religious beliefs or sincerely held moral convictions central to the facility's operating principles;
(b) The hospital has informed the patient, family, or surrogate of such policy prior to or upon admission, if reasonably possible; and
(c) The patient is transferred promptly to another hospital that is reasonably accessible under the circumstances and willing to honor the decision and pending transfer the hospital complies with subdivision three of section twenty-nine hundred ninety-four-f of this article. If the patient's family or surrogate 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 in accordance with section twenty-nine hundred ninety-four-r of this article or honor the decision.
2. Individual health care providers. Nothing in this article shall be construed to require an individual as a health care provider to honor a health care decision made pursuant to this article if:
(a) the decision is contrary to the individual's sincerely held religious beliefs or sincerely held moral conviction; and
(b) the individual health care provider promptly informs the person who made the decision and the hospital of his or her refusal to honor the decision. In such event, the hospital shall promptly transfer responsibility for the patient to another individual health care provider willing to honor the decision. The individual health care provider shall cooperate in facilitating such transfer and comply with subdivision three of section twenty-nine hundred ninety-four-f of this article.