"Do not resuscitate" orders: the New York statutory model--Part I

This two-part article examines the statutory framework in New York State for the issuance of DNR orders. Part I addresses the procedure for issuance of a DNR order, including determination of capacity to consent to issuance, the effect of consent to a DNR order by an adult patient or a surrogate, issuance of a DNR order for an adult who lacks capacity and for whom no surrogate is available, and consent to DNR on behalf of a minor. Part II, which will appear in the next issue of this journal, will address revocation of consent to, and cancellation of, DNR orders, the dispute mediation system, the role of the courts, and the effects of a DNR order. [Note: As this article was going to press, the New York State Legislature passed a statute (1991 N.Y. Laws Ch. 370) that amends New York Public Health Law Article 29-B, discussed herein. As a result of these amendments, some of the provisions discussed in Part I have been modified. A summary of these modifications will appear in Part II.]