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2009 SESSION
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. 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. This section shall not authorize any health care
provider or practitioner to follow a Durable Do Not Resuscitate Order for any
patient who If a patient is able to, and does, express to such
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 by the person authorized to consent on the patient's
behalf shall so revoke the provider's or practitioner's authority to follow
a Durable Do Not Resuscitate Order.
The expression of such desire to be resuscitated prior to
cardiac or respiratory arrest shall constitute revocation of the Order;
however, When a Durable Do Not Resuscitate Order has been revoked as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. Durable Do Not Resuscitate Orders issued in accordance with
this section shall remain valid and in effect until revoked as provided in
subsection B or until rescinded, in accordance with accepted medical practice,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 and (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 by the Department of Mental Health, Mental
Retardation and Substance Abuse Services or operated, licensed or owned by
another state agency are authorized to follow Durable Do Not Resuscitate Orders
that are available to them in a form approved by the Board of Health.
D. 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 treatment 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 treatment 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. 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. 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.