New York Laws
Article 29-B - Orders Not to Resuscitate for Residents of Mental Hygiene Facilities
2963 - Determination of Capacity to Make a Decision Regarding Cardiopulmonary Resuscitation.

(b) If the attending practitioner determines that a patient lacks
capacity because of mental illness, the concurring determination
required by paragraph (a) of this subdivision shall be provided by a
physician licensed to practice medicine in New York state, who is a
diplomate or eligible to be certified by the American Board of
Psychiatry and Neurology or who is certified by the American Osteopathic
Board of Neurology and Psychiatry or is eligible to be certified by that
board.
(c) If the attending practitioner determines that a patient lacks
capacity because of a developmental disability, the concurring
determination required by paragraph (a) of this subdivision shall be
provided by a physician or psychologist employed by a developmental
disabilities services office named in section 13.17 of the mental
hygiene law, or who has been employed for a minimum of two years to
render care and service in a facility operated or licensed by the office
for people with developmental disabilities, or who has been approved by
the commissioner of developmental disabilities in accordance with
regulations promulgated by such commissioner. Such regulations shall
require that a physician or psychologist possess specialized training or
three years experience in treating developmental disabilities.
4. Notice of a determination that the patient lacks capacity shall
promptly be given (a) to the patient, where there is any indication of
the patient's ability to comprehend such notice, together with a copy of
a statement prepared in accordance with section twenty-nine hundred
seventy-eight of this article, and (b) to the person on the surrogate
list highest in order of priority listed, when persons in prior
subparagraphs are not reasonably available. Nothing in this subdivision
shall preclude or require notice to more than one person on the
surrogate list.
5. A determination that a patient lacks capacity to make a decision
regarding an order not to resuscitate pursuant to this section shall not
be construed as a finding that the patient lacks capacity for any other
purpose.

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