Title 31, Chapter 39, Section 4
( 31-39-4)
(a) It shall be lawful for the attending physician to issue an order not to resuscitate pursuant to the requirements of this chapter. Any written order issued by the attending physician using the term "do not resuscitate," "DNR," "order not to resuscitate," "no code," or substantially similar language in the patient's chart shall constitute a legally sufficient order and shall authorize a physician, health care professional, or emergency medical technician to withhold or withdraw cardiopulmonary resuscitation. Such an order shall remain effective, whether or not the patient is receiving treatment from or is a resident of a health care facility, until the order is canceled as provided in Code Section 31-39-5 or until consent for such order is revoked as provided in Code Section 31-39-6, whichever occurs earlier. An attending physician who has issued such an order and who transfers care of the patient to another physician shall inform the receiving physician and the health care facility, if applicable, of the order. (b) An adult person with decision-making capacity may consent orally
or in writing to an order not to resuscitate and its implementation
at a present or future date, regardless of that person's mental or
physical condition on such future date. If the attending physician
determines at any time that an order not to resuscitate issued at
the request of the patient is no longer appropriate because the
patient's medical condition has improved, the physician shall
immediately notify the patient. (c) The appropriate authorized person may, after being informed of
the provisions of this Code section, consent orally or in writing to
an order not to resuscitate for an adult candidate for
nonresuscitation; provided, however, that such consent is based in
good faith upon what such authorized person determines such
candidate for nonresuscitation would have wanted had such candidate
for nonresuscitation understood the circumstances under which such
order is being considered. (d) Any parent may consent orally or in writing to an order not to
resuscitate for his or her minor child when such child is a
candidate for nonresuscitation. If in the opinion of the attending
physician the minor is of sufficient maturity to understand the
nature and effect of an order not to resuscitate, then no such order
shall be valid without the assent of such minor. (e) If none of the persons specified in subsections (b), (c), and
(d) of this Code section is reasonably available or competent to
make a decision regarding an order not to resuscitate, an attending
physician may issue an order not to resuscitate for a patient,
provided that: (1) Such physician determines with the concurrence of a second
physician, in writing in the patient's medical record, that such
patient is a candidate for nonresuscitation; (2) An ethics committee or similar panel, as designated by the
health care facility, concurs in the opinion of the attending
physician and the concurring physician that the patient is a
candidate for nonresuscitation; and (3) The patient is receiving inpatient or outpatient treatment
from or is a resident of a health care facility other than a
hospice or a home health agency. |