NY S04685

Restores "medical futility" as a standalone basis for do-not-resuscitate (DNR) orders under the Family Health Care Decisions Act and Surrogate's Court Procedure Act, which previously lacked this specific standard.

Allows surrogate consent to a DNR order when two physicians determine with reasonable medical certainty that resuscitation would be unsuccessful in restoring cardiac and respiratory function or would result in repeated arrest before death.

Permits DNR orders to be entered for patients lacking decision-making capacity without judicial approval when resuscitation is determined to be medically futile.

Applies the medical futility standard to decisions involving intellectually disabled patients in surrogate court proceedings, exempting such decisions from the "extraordinary burden" requirement that normally applies to life-sustaining treatment decisions.

Takes effect 90 days after becoming law.