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1998 SESSION

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CHAPTER 628 An Act to amend and reenact § 54.1-2987.1 of the Code of Virginia, relating to Emergency Medical Services Do Not Resuscitate Orders. [S 429] Approved April 15, 1998

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. Authorization to follow Emergency Medical Services Do Not Resuscitate Orders.

Qualified emergency medical services personnel or hospital emergency department health care providers shall be authorized to follow Emergency Medical Services Do Not Resuscitate Orders pertaining to qualified patients in the pre-hospital or hospital emergency department setting in accordance with this section and the regulations promulgated by the Board of Health, if the order available to such personnel is in a form approved by the Board of Health.

For the purposes of this section, an Emergency Medical Services Do Not Resuscitate Order may be issued for qualified patients by an attending physician for his patient who are individuals is diagnosed to be afflicted with a terminal conditions condition or patients for whom attending physicians have he has otherwise issued a Do Not Resuscitate Orders Order and only with the consent of the patient or, if the patient is incapable of making an informed decision regarding consent for such an order, of the person authorized to consent on the patient's behalf.

This section shall not authorize emergency medical personnel or hospital emergency department health care providers to follow an Emergency Medical Services Do Not Resuscitate Order for any patient (i) who is able to, and does, express or (ii) if the patient is incapable of making an informed decision, the person authorized to consent on the patient's behalf expresses to such emergency medical services personnel or hospital emergency department health care providers the desire to be resuscitated prior to cardiac or respiratory arrest.

Nothing in this section or the definition of Emergency Medical Services Do Not Resuscitate Orders provided in § 54.1-2982 shall be construed to limit the issuance of or the authorization of physicians and those persons designated in § 54.1-2901 to follow Do Not Resuscitate Orders other than Emergency Medical Services Do Not Resuscitate Orders.

For the purposes of this section, "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.