* § 4306-a. Advanced directives and health care proxies. 1. If a patient in a hospital has a declaration or advance health care directive or proxy document pursuant to article twenty-nine-C of this chapter, and terms of the declaration, directive or proxy document concerning life-sustaining treatment are in conflict with the express or implied terms of a potential anatomical gift with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donor's attending physician and the prospective donor shall confer to resolve the conflict.

1. 2. If such prospective donor is incapable of resolving the conflict, and the patient in such declaration, directive, or proxy document did not expressly reject being a donor, then the health care proxy acting under the prospective donor's declaration, directive, or proxy or, if none, a surrogate authorized to make health care decisions on behalf of the patient, in accordance with the provisions of article twenty-nine-CC of this chapter, shall act for the patient to resolve the conflict.
2. 3. Such conflict must be resolved expeditiously. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor described in subdivision two of section forty-three hundred one of this article. Before resolution of the conflict, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the patient if withholding or withdrawing the measures is not contraindicated by appropriate end-of-life care. * NB Effective June 23, 2020