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Introduced Version Senate Bill 82 History

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Senate Bill No. 82

(By Senator Hunter)

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[Introduced January 9, 2008; referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.]

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A BILL to amend and reenact §16-30C-6 of the Code of West Virginia, 1931, as amended, relating to allowing advanced nurse practitioners to sign do-not-resuscitate orders.

Be it enacted by the Legislature of West Virginia:
That §16-30C-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 30C. DO-NOT-RESUSCITATE ACT.

§16-30C-6. Issuance of a do-not-resuscitate order; order to be written by a physician or advanced nurse practitioner.

(a) An attending physician or advanced nurse practitioner may issue a do-not-resuscitate order for persons who are present in or residing at home or in a health care facility if the person, representative or surrogate has consented to the order. A do-not-resuscitate order shall be issued in writing in the form as described in this section for a person not present or residing in a health care facility. For persons present in health care facilities, a do-not-resuscitate order shall be issued in accordance with the policies and procedures of the health care facility or in accordance with the provisions of this article: Provided, That notwithstanding any other provision of this article to the contrary, no health care facility may restrict an advanced nurse practitioner from signing do-not-resuscitate orders.
(b) Persons may request their physicians to issue do-not-resuscitate orders for them.
(c) The representative or surrogate decision maker may consent to a do-not-resuscitate order for a person with incapacity. A do-not-resuscitate order written by a physician for a person with incapacity with the consent of the representative or surrogate decision maker is valid and shall be respected by health care providers.
(d) A parent may consent to a do-not-resuscitate order for his or her minor child, provided that a second physician who has examined the child concurs with the opinion of the attending physician that the provision of cardiopulmonary resuscitation would be contrary to accepted medical standards. If the minor is between the ages of sixteen and eighteen and, in the opinion of the attending physician, the minor is of sufficient maturity to understand the nature and effect of a do-not-resuscitate order, then no such order shall be valid without the consent of such minor. In the event of a conflict between the wishes of the parents or guardians and the wishes of the mature minor, the wishes of the mature minor shall prevail. For purposes of this section, no minor less than sixteen years of age shall be considered mature. Nothing in this article shall be interpreted to conflict with the provisions of the child abuse prevention and treatment act and implementing regulations at 45 CFR 1340. In the event conflict is unavoidable, federal law and regulation shall govern.
(e) If a surrogate decision maker is not reasonably available or capable of making a decision regarding a do-not-resuscitate order, an attending physician may issue a do-not-resuscitate order for a person with incapacity in a health care facility: Provided, That a second physician who has personally examined the person concurs in the opinion of the attending physician that the provision of cardiopulmonary resuscitation would be contrary to accepted medical standards.
(f) For persons not present or residing in a health care facility, the do-not-resuscitate order shall be noted on a physician physician's orders for scope of treatment form or in the following form on a card suitable for carrying on the person:
Do-Not-Resuscitate Order

"As treating physician of ____________________________ and a licensed physician, I order that this person SHALL NOT BE RESUSCITATED in the event of cardiac or respiratory arrest. This order has been discussed with ___________________________________ or his/her representative ____________________________________ or his/her surrogate decision maker ____________________________ who has given consent as evidenced by his/her signature below.
Physician Name _____________________________________________
Physician Signature ________________________________________
Address ____________________________________________________
Person Signature ___________________________________________
Address ____________________________________________________
Surrogate Decision Maker Signature _________________________
Address ____________________________________________________"
(g) For persons residing in a health care facility, the do-not-resuscitate order shall be reflected in at least one of the following forms:
(1) Forms required by the policies and procedures of the health care facility;
(2) The do-not-resuscitate card as set forth in subsection (f) of this section; or
(3) The physician physician's orders for scope of treatment form.
NOTE:
The purpose of this bill is to allow advanced nurse practitioners to sign do-not-resuscitate orders.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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