2006 Code of Virginia § 54.1-2987.1 - Durable Do Not Resuscitate Orders

54.1-2987.1. Durable Do Not Resuscitate Orders.

A. A Durable Do Not Resuscitate Order may be issued by a physician for hispatient with whom he has a bona fide physician/patient relationship asdefined in the guidelines of the Board of Medicine, and only with the consentof the patient or, if the patient is a minor or is otherwise incapable ofmaking an informed decision regarding consent for such an order, upon therequest of and with the consent of the person authorized to consent on thepatient's behalf.

B. This section shall not authorize any health care provider or practitionerto follow a Durable Do Not Resuscitate Order for any patient who is able to,and does, express to such health care provider or practitioner the desire tobe resuscitated in the event of cardiac or respiratory arrest.

If the patient is a minor or is otherwise incapable of making an informeddecision, the expression of the desire that the patient be resuscitated bythe person authorized to consent on the patient's behalf shall so revoke theprovider's or practitioner's authority to follow a Durable Do Not ResuscitateOrder.

The expression of such desire to be resuscitated prior to cardiac orrespiratory arrest shall constitute revocation of the Order; however, a newOrder may be issued upon consent of the patient or the person authorized toconsent on the patient's behalf.

C. Durable Do Not Resuscitate Orders issued in accordance with this sectionshall remain valid and in effect until revoked. In accordance with thissection and regulations promulgated by the Board of Health, (i) qualifiedemergency medical services personnel as defined in 32.1-111.1 and (ii)licensed health care practitioners in any facility, program or organizationoperated or licensed by the Board of Health or by the Department of MentalHealth, Mental Retardation and Substance Abuse Services or operated, licensedor owned by another state agency are authorized to follow Durable Do NotResuscitate Orders that are available to them in a form approved by the Boardof Health.

D. The provisions of this section shall not authorize any qualified emergencymedical services personnel or licensed health care provider or practitionerwho is attending the patient at the time of cardiac or respiratory arrest toprovide, continue, withhold or withdraw treatment if such provider orpractitioner knows that taking such action is protested by the patientincapable of making an informed decision. No person shall authorizeproviding, continuing, withholding or withdrawing treatment pursuant to thissection that such person knows, or upon reasonable inquiry ought to know, iscontrary to the religious beliefs or basic values of a patient incapable ofmaking an informed decision or the wishes of such patient fairly expressedwhen the patient was capable of making an informed decision. Further, thissection shall not authorize the withholding of other medical interventions,such as intravenous fluids, oxygen or other therapies deemed necessary toprovide comfort care or to alleviate pain.

E. For the purposes of this section:

"Health care provider" includes, but is not limited to, qualified emergencymedical services personnel.

"Person authorized to consent on the patient's behalf" means any personauthorized by law to consent on behalf of the patient incapable of making aninformed decision or, in the case of a minor child, the parent or parentshaving custody of the child or the child's legal guardian or as otherwiseprovided by law.

F. This section shall not prevent, prohibit or limit a physician from issuinga written order, other than a Durable Do Not Resuscitate Order, not toresuscitate a patient in the event of cardiac or respiratory arrest inaccordance with accepted medical practice.

G. Valid Do Not Resuscitate Orders or Emergency Medical Services Do NotResuscitate Orders issued before July 1, 1999, pursuant to the then-currentlaw, shall remain valid and shall be given effect as provided in this article.

(1992, c. 412; 1994, c. 956; 1998, cc. 564, 628, 630, 803, 854; 1999, c. 814.)