(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.
Structure New York Laws
Article 29-CC - Family Health Care Decisions Act
2994-B - Applicability; Priority of Certain Other Surrogate Decision-Making Laws and Regulations.
2994-C - Determination of Incapacity.
2994-D - Health Care Decisions for Adult Patients by Surrogates.
2994-E - Decisions About Life-Sustaining Treatment for Minor Patients.
2994-F - Obligations of Attending Practitioner.
2994-G - Health Care Decisions for Adult Patients Without Surrogates.
2994-I - Specific Policies for Orders Not to Resuscitate.
2994-J - Revocation of Consent.
2994-K - Implementation and Review of Decisions.
2994-L - Interinstitutional Transfers.
2994-M - Ethics Review Committees.
2994-N - Conscience Objections.
2994-P - Liability for Health Care Costs.
2994-Q - Effect on Other Rights.
2994-R - Special Proceeding Authorized; Court Orders; Health Care Guardian for Minor Patient.