Current through Register Vol. 56, No. 18, September 16, 2024
(a) Any person who believes that withholding or withdrawing life-sustaining treatment from an elderly, incapacitated resident of a facility would effectuate the resident's wishes or would be in the resident's best interests shall notify the Office of the contemplated action.
(b) Any caregiver, social worker, physician, registered or licensed practical nurse or other professional who has reasonable cause to suspect that withholding or withdrawing life-sustaining treatment from an elderly, incapacitated resident of a facility would be an abuse of that resident shall report such information to the Office.
(c) Any other person who has reasonable cause to suspect that withholding or withdrawing life-sustaining treatment from an elderly, incapacitated resident of a facility would be an abuse of the resident may report such information to the Office.
(d) The reporting procedures set forth in this section shall not apply when:
1. The resident is under age 60;
2. The resident, being fully informed and having the capacity to make a health care decision, chooses to withhold or withdraw life-sustaining treatment. Where there is any doubt whether the resident is fully informed, or regarding the resident's capacity to make a particular health care decision, two non-attending physicians shall make the determination of whether the resident is fully informed and has the capacity to make a particular health care decision. The physicians' determinations shall be based on the physicians' reasonable medical judgments and shall be documented on the resident's chart;
3. The resident has a fully executed and valid Advance Directive ("Living Will") or Proxy Directive ("Durable Power of Attorney for Health Care") under the provisions of 26:2H-53 et seq.;
4. The life-sustaining treatment is not medically indicated for the resident. The resident's attending physician or an advanced practice nurse in collaboration with the attending physician shall make this determination. Such determination shall be based on reasonable medical judgment and shall be documented on the resident's chart;
5. The proposal to withhold or withdraw life-sustaining treatment is being reviewed by, or has been reviewed favorably by, a court of competent jurisdiction; or
6. The proposal to withhold or withdraw life-sustaining treatment is being reviewed by, or has been reviewed by, a regional long term care ethics committee acting under the auspices of and with the approval of the Ombudsperson, and such committee has recommended in favor of the proposal and reported its recommendation to the Ombudsperson.
