NY A09648

Restores "medical futility" as a standard for entering do-not-resuscitate (DNR) orders under the Family Health Care Decisions Act (FHCDA), allowing surrogate consent when two physicians agree resuscitation would be unsuccessful in restoring cardiac and respiratory function or would result in repeated arrest before death.

Adds medical futility as an alternative criterion for withholding or withdrawing resuscitation from patients lacking decision-making capacity, permitting DNR orders without judicial approval when two physicians concur resuscitation would be medically futile.

Applies the medical futility standard to developmentally disabled patients under the Surrogate's Court Procedure Act Section 1750-b, allowing surrogate decision-making committees to authorize DNR orders based on medical futility without committee review.

Allows DNR orders based solely on medical futility to be entered without requiring a finding that life-sustaining treatment would impose an extraordinary burden on the patient, creating an exception to the extraordinary burden requirement.

Takes effect 90 days after enactment.