Bill Text: VA HB2153 | 2017 | Regular Session | Chaptered
Bill Title: Durable Do Not Resuscitate Orders; reciprocity.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2017-02-23 - Governor: Acts of Assembly Chapter text (CHAP0179) [HB2153 Detail]
Download: Virginia-2017-HB2153-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §54.1-2987.1 of the Code of Virginia is amended and reenacted as follows:
§54.1-2987.1. Durable Do Not Resuscitate Orders.
A. As used in this section:
"Health care provider" includes, but is not limited to, qualified emergency medical services personnel.
"Person authorized to consent on the patient's behalf" means any person authorized by law to consent on behalf of the patient incapable of making an informed decision or, in the case of a minor child, the parent or parents having custody of the child or the child's legal guardian or as otherwise provided by law.
B. A Durable Do Not Resuscitate Order may be issued by a physician for his patient with whom he has a bona fide physician/patient relationship as defined in the guidelines of the Board of Medicine, and only with the consent of the patient or, if the patient is a minor or is otherwise incapable of making an informed decision regarding consent for such an order, upon the request of and with the consent of the person authorized to consent on the patient's behalf.
B. C. A Durable Do Not Resuscitate Order or other
order regarding life-prolonging procedures executed in accordance with the
laws of another state in which such order was executed shall be deemed to be
valid for purposes of this article and shall be given effect as provided in
this article.
D. If a patient is able to, and does, express to a health care provider or practitioner the desire to be resuscitated in the event of cardiac or respiratory arrest, such expression shall revoke the provider's or practitioner's authority to follow a Durable Do Not Resuscitate Order. In no case shall any person other than the patient have authority to revoke a Durable Do Not Resuscitate Order executed upon the request of and with the consent of the patient himself.
If the patient is a minor or is otherwise incapable of making an informed decision and the Durable Do Not Resuscitate Order was issued upon the request of and with the consent of the person authorized to consent on the patient's behalf, then the expression by said authorized person to a health care provider or practitioner of the desire that the patient be resuscitated shall so revoke the provider's or practitioner's authority to follow a Durable Do Not Resuscitate Order.
When a Durable Do Not Resuscitate Order has been revoked as provided in this section, a new Order may be issued upon consent of the patient or the person authorized to consent on the patient's behalf.
C. E. Durable Do Not Resuscitate Orders issued
in accordance with this section or deemed valid in accordance with
subsection C shall remain valid and in effect until revoked as provided in
subsection B D or until rescinded, in accordance with accepted
medical practice, by the provider who issued the Durable Do Not Resuscitate
Order. In accordance with this section and regulations promulgated by the Board
of Health, (i) qualified emergency medical services personnel as defined in §
32.1-111.1; (ii) licensed health care practitioners in any facility, program or
organization operated or licensed by the Board of Health, the Department of
Social Services, or the Department of Behavioral Health and Developmental
Services or operated, licensed or owned by another state agency; and (iii)
licensed health care practitioners at any continuing care retirement community
registered with the State Corporation Commission pursuant to Chapter 49 (§
38.2-4900 et seq.) of Title 38.2 are authorized to follow Durable Do Not
Resuscitate Orders that are available to them in a form approved by the Board
of Health or deemed valid in accordance with subsection C.
D. F. The provisions of this section shall not
authorize any qualified emergency medical services personnel or licensed health
care provider or practitioner who is attending the patient at the time of cardiac
or respiratory arrest to provide, continue, withhold or withdraw health care if
such provider or practitioner knows that taking such action is protested by the
patient incapable of making an informed decision. No person shall authorize
providing, continuing, withholding or withdrawing health care pursuant to this
section that such person knows, or upon reasonable inquiry ought to know, is
contrary to the religious beliefs or basic values of a patient incapable of
making an informed decision or the wishes of such patient fairly expressed when
the patient was capable of making an informed decision. Further, this section
shall not authorize the withholding of other medical interventions, such as
intravenous fluids, oxygen or other therapies deemed necessary to provide
comfort care or to alleviate pain.
E. For the purposes of this section:
"Health care provider" includes, but is not
limited to, qualified emergency medical services personnel.
"Person authorized to consent on the patient's
behalf" means any person authorized by law to consent on behalf of the
patient incapable of making an informed decision or, in the case of a minor
child, the parent or parents having custody of the child or the child's legal
guardian or as otherwise provided by law.
F. G. This section shall not prevent, prohibit
or limit a physician from issuing a written order, other than a Durable Do Not
Resuscitate Order, not to resuscitate a patient in the event of cardiac or
respiratory arrest in accordance with accepted medical practice.
G. H. Valid Do Not Resuscitate Orders or
Emergency Medical Services Do Not Resuscitate Orders issued before July 1,
1999, pursuant to the then-current law, shall remain valid and shall be given
effect as provided in this article.
