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. If a patient is able to, and does, express to a health care provider orpractitioner the desire to be resuscitated in the event of cardiac orrespiratory arrest, such expression shall revoke the provider's orpractitioner's authority to follow a Durable Do Not Resuscitate Order. In nocase shall any person other than the patient have authority to revoke aDurable Do Not Resuscitate Order executed upon the request of and with theconsent of the patient himself.
If the patient is a minor or is otherwise incapable of making an informeddecision and the Durable Do Not Resuscitate Order was issued upon the requestof and with the consent of the person authorized to consent on the patient'sbehalf, then the expression by said authorized person to a health careprovider or practitioner of the desire that the patient be resuscitated shallso revoke the provider's or practitioner's authority to follow a Durable DoNot Resuscitate Order.
When a Durable Do Not Resuscitate Order has been revoked as provided in thissection, a new Order may be issued upon consent of the patient or the personauthorized to consent on the patient's behalf.
C. Durable Do Not Resuscitate Orders issued in accordance with this sectionshall remain valid and in effect until revoked as provided in subsection B oruntil rescinded, in accordance with accepted medical practice, by theprovider who issued the Durable Do Not Resuscitate Order. In accordance withthis 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 ororganization operated or licensed by the Board of Health, the Department ofSocial Services, or the Department of Behavioral Health and DevelopmentalServices or operated, licensed or owned by another state agency; and (iii)licensed health care practitioners at any continuing care retirementcommunity registered with the State Corporation Commission pursuant toChapter 49 (§ 38.2-4900 et seq.) of Title 38.2 are authorized to followDurable Do Not Resuscitate Orders that are available to them in a formapproved by the Board of 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 health care 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 health care pursuant tothis section that such person knows, or upon reasonable inquiry ought toknow, is contrary to the religious beliefs or basic values of a patientincapable of making an informed decision or the wishes of such patient fairlyexpressed when the patient was capable of making an informed decision.Further, this section shall not authorize the withholding of other medicalinterventions, such as intravenous fluids, oxygen or other therapies deemednecessary 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 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;2009, cc. 211, 268, 549, 813, 840; 2010, c. 792.)
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. If a patient is able to, and does, express to a health care provider orpractitioner the desire to be resuscitated in the event of cardiac orrespiratory arrest, such expression shall revoke the provider's orpractitioner's authority to follow a Durable Do Not Resuscitate Order. In nocase shall any person other than the patient have authority to revoke aDurable Do Not Resuscitate Order executed upon the request of and with theconsent of the patient himself.
If the patient is a minor or is otherwise incapable of making an informeddecision and the Durable Do Not Resuscitate Order was issued upon the requestof and with the consent of the person authorized to consent on the patient'sbehalf, then the expression by said authorized person to a health careprovider or practitioner of the desire that the patient be resuscitated shallso revoke the provider's or practitioner's authority to follow a Durable DoNot Resuscitate Order.
When a Durable Do Not Resuscitate Order has been revoked as provided in thissection, a new Order may be issued upon consent of the patient or the personauthorized to consent on the patient's behalf.
C. Durable Do Not Resuscitate Orders issued in accordance with this sectionshall remain valid and in effect until revoked as provided in subsection B oruntil rescinded, in accordance with accepted medical practice, by theprovider who issued the Durable Do Not Resuscitate Order. In accordance withthis 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 ororganization operated or licensed by the Board of Health, the Department ofSocial Services, or the Department of Behavioral Health and DevelopmentalServices or operated, licensed or owned by another state agency; and (iii)licensed health care practitioners at any continuing care retirementcommunity registered with the State Corporation Commission pursuant toChapter 49 (§ 38.2-4900 et seq.) of Title 38.2 are authorized to followDurable Do Not Resuscitate Orders that are available to them in a formapproved by the Board of 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 health care 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 health care pursuant tothis section that such person knows, or upon reasonable inquiry ought toknow, is contrary to the religious beliefs or basic values of a patientincapable of making an informed decision or the wishes of such patient fairlyexpressed when the patient was capable of making an informed decision.Further, this section shall not authorize the withholding of other medicalinterventions, such as intravenous fluids, oxygen or other therapies deemednecessary 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 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;2009, cc. 211, 268, 549, 813, 840; 2010, c. 792.)
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. If a patient is able to, and does, express to a health care provider orpractitioner the desire to be resuscitated in the event of cardiac orrespiratory arrest, such expression shall revoke the provider's orpractitioner's authority to follow a Durable Do Not Resuscitate Order. In nocase shall any person other than the patient have authority to revoke aDurable Do Not Resuscitate Order executed upon the request of and with theconsent of the patient himself.
If the patient is a minor or is otherwise incapable of making an informeddecision and the Durable Do Not Resuscitate Order was issued upon the requestof and with the consent of the person authorized to consent on the patient'sbehalf, then the expression by said authorized person to a health careprovider or practitioner of the desire that the patient be resuscitated shallso revoke the provider's or practitioner's authority to follow a Durable DoNot Resuscitate Order.
When a Durable Do Not Resuscitate Order has been revoked as provided in thissection, a new Order may be issued upon consent of the patient or the personauthorized to consent on the patient's behalf.
C. Durable Do Not Resuscitate Orders issued in accordance with this sectionshall remain valid and in effect until revoked as provided in subsection B oruntil rescinded, in accordance with accepted medical practice, by theprovider who issued the Durable Do Not Resuscitate Order. In accordance withthis 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 ororganization operated or licensed by the Board of Health, the Department ofSocial Services, or the Department of Behavioral Health and DevelopmentalServices or operated, licensed or owned by another state agency; and (iii)licensed health care practitioners at any continuing care retirementcommunity registered with the State Corporation Commission pursuant toChapter 49 (§ 38.2-4900 et seq.) of Title 38.2 are authorized to followDurable Do Not Resuscitate Orders that are available to them in a formapproved by the Board of 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 health care 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 health care pursuant tothis section that such person knows, or upon reasonable inquiry ought toknow, is contrary to the religious beliefs or basic values of a patientincapable of making an informed decision or the wishes of such patient fairlyexpressed when the patient was capable of making an informed decision.Further, this section shall not authorize the withholding of other medicalinterventions, such as intravenous fluids, oxygen or other therapies deemednecessary 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 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;2009, cc. 211, 268, 549, 813, 840; 2010, c. 792.)
