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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