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2024 SESSION

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24104929D
HOUSE BILL NO. 480 Offered January 10, 2024 Prefiled January 8, 2024 A BILL to amend the Code of Virginia by adding a section numbered 54.1-2987.2, relating to health care; life-sustaining treatment for minors; exceptions. ---------- Patrons-- Scott, P.A., Green, Lovejoy and Walker ---------- Referred to Committee on Health and Human Services ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 54.1-2987.2 as follows:

§ 54.1-2987.2. Life-sustaining treatment for minors.

A. As used in this section:

"Do Not Resuscitate order" means an order in a minor's medical record that reflects a decision to forgo cardiopulmonary resuscitative measures. The term does not include withholding other medical interventions deemed necessary to provide a patient with comfort care or to alleviate pain.

"Minor" means an unemancipated individual who is younger than 18 years of age and not under juvenile court supervision or on active duty with the Armed Forces of the United States.

"Resident" means a minor who is a resident of a nursing facility.

B. No Do Not Resuscitate order or similar physician's order shall be instituted, either orally or in writing, for a minor patient, resident, or prospective patient or resident without the written permission of his parent or legal guardian. Such permission may be revoked in writing by either parent or a legal guardian of such minor granted such permission. Such revocation of permission shall be immediately recorded in the patient's or resident's medical records; such records shall specify which parent or legal guardian revoked permission, who the witnesses were to such revocation if any witnesses exist, and the date and time such revocation was obtained.

C. The requirements of subsection B shall not apply if the physician makes a reasonably diligent and documented effort to contact the parents or a legal guardian of the minor and the physician is unable to make such contact within 72 hours of the initial contact attempt.

D. The physician shall not interfere with the efforts of a parent or legal guardian to obtain other medical opinions or a transfer of the minor to a provider selected by the parent or legal guardian. The physician shall provide immediate access to the minor and the minor's medical records to licensed physicians designated by the parent or legal guardian for that purpose, if so requested.

The physician shall not hinder or delay the necessary measures, mechanisms, and procedures, including an immediate tracheostomy or gastrostomy tube, required to facilitate a transfer to another medical facility or long-term treatment facility.

If a transfer is requested by a parent or legal guardian, the hospital or health care facility at which the minor is a patient or resident must continue provision of life-sustaining treatment and life-sustaining artificially administered nutrition and hydration after such transfer request is made until such transfer occurs and make every reasonable effort to assist the requesting parent or legal guardian in such transfer process.

E. A court of law or equity shall not have the authority to require the withdrawal of life-sustaining treatment from a minor over the objection of the minor's parent or legal guardian unless there is destruction of the circulatory system, respiratory system, and the entire brain as determined by the physician. The parent or legal guardian of the minor shall maintain all other rights to determine whether life-sustaining treatment and cardiopulmonary resuscitation are used. A physician shall not hinder or delay such life-sustaining treatment and cardiopulmonary resuscitation unless there is destruction of the circulatory system, respiratory system, and the entire brain of the minor child as determined by the physician. There shall be a presumption that the continuation of life is in the minor's best interest.

F. Upon the request of a parent or legal guardian of a patient or resident or a prospective patient or resident, a physician shall disclose orally and in writing any policies involving cardiopulmonary resuscitation or life-sustaining treatment, including any policies relating to measures deemed nonbeneficial, ineffective, futile, or inappropriate. Nothing in this subsection shall be construed to require a provider to have a written policy relating to cardiopulmonary resuscitation, life-sustaining treatment, or measures deemed nonbeneficial, ineffective, futile, or inappropriate for patients or residents.