§ 2994-m. Ethics review committees. 1. Establishment of an ethics\nreview committee, written policy. Each hospital shall establish at least\none ethics review committee or participate in an ethics review committee\nthat serves more than one hospital, and shall adopt a written policy\ngoverning committee functions, composition, and procedure, in accordance\nwith the requirements of this article. A hospital may designate an\nexisting committee, or subcommittee thereof, to carry out the functions\nof the ethics review committee provided the requirements of this section\nare satisfied.\n 2. Functions of the ethics review committee. (a) The ethics review\ncommittee shall consider and respond to any health care matter presented\nto it by a person connected with the case.\n (b) The ethics review committee response to a health care matter may\ninclude:\n (i) providing advice on the ethical aspects of proposed health care;\n (ii) making a recommendation about proposed health care; or\n (iii) providing assistance in resolving disputes about proposed health\ncare.\n (c) Recommendations and advice by the ethics review committee shall be\nadvisory and nonbinding, except as specified in subdivision five of\nsection twenty-nine hundred ninety-four-d of this article and\nsubdivision three of section twenty-nine hundred ninety-four-e of this\narticle.\n 3. Committee membership. The membership of ethics review committees\nmust be interdisciplinary and must include at least five members who\nhave demonstrated an interest in or commitment to patient's rights or to\nthe medical, public health, or social needs of those who are ill. At\nleast three ethics review committee members must be health or social\nservices practitioners, at least one of whom must be a registered nurse\nand one of whom must be a physician, nurse practitioner or physician\nassistant. At least one member must be a person without any governance,\nemployment or contractual relationship with the hospital. In a\nresidential health care facility the facility must offer the residents'\ncouncil of the facility (or of another facility that participates in the\ncommittee) the opportunity to appoint up to two persons to the ethics\nreview committee, none of whom may be a resident of or a family member\nof a resident of such facility, and both of whom shall be persons who\nhave expertise in or a demonstrated commitment to patient rights or to\nthe care and treatment of the elderly or nursing home residents through\nprofessional or community activities, other than activities performed as\na health care provider.\n 4. Procedures for ethics review committee. (a) These procedures are\nrequired only when: (i) the ethics review committee is convened to\nreview a decision by a surrogate to withhold or withdraw life-sustaining\ntreatment for: (A) a patient in a residential health care facility\npursuant to paragraph (b) of subdivision five of section twenty-nine\nhundred ninety-four-d of this article; (B) a patient in a general\nhospital pursuant to paragraph (c) of subdivision five of section\ntwenty-nine hundred ninety-four-d of this article; or (C) an emancipated\nminor patient pursuant to subdivision three of section twenty-nine\nhundred ninety-four-e of this article; or (ii) when a person connected\nwith the case requests the ethics review committee to provide assistance\nin resolving a dispute about proposed care. Nothing in this section\nshall bar health care providers from first striving to resolve disputes\nthrough less formal means, including the informal solicitation of\nethical advice from any source.\n (b)(i) A person connected with the case may not participate as an\nethics review committee member in the consideration of that case.\n (ii) The ethics review committee shall respond promptly, as required\nby the circumstances, to any request for assistance in resolving a\ndispute or consideration of a decision to withhold or withdraw\nlife-sustaining treatment pursuant to par
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