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2017 SESSION
17100064DBe 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When a Durable Do Not Resuscitate Order has been revoked as provided in this section, a new Order may be issued upon consent of the patient or the person authorized to consent on the patient's behalf.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.