[§327F-9] Transfer to another physician. (a) An attending physician and any other physician under the attending physician's direction or control, having possession of the patient's declaration or having knowledge that the declaration is part of the patient's record in the health care facility in which the declarant is receiving care, shall follow as closely as possible the terms of the declaration.

(b) An attending physician who, because of personal beliefs or conscience, refuses or is unable to certify a patient, or who is unable to comply with the terms of the patient's declaration shall make the necessary arrangements to transfer the patient and the appropriate medical records without delay to another physician. A physician who transfers the patient without unreasonable delay, or who makes a good faith attempt to do so, shall not be subject to criminal prosecution or civil liability, and shall not be found to have committed an act of unprofessional conduct for refusal to comply with the terms of the declaration. Transfer under these circumstances shall not constitute abandonment.

(c) Failure of an attending physician to transfer in accordance with this section shall constitute professional misconduct. [L 1992, c 84, pt of §1]