Title 31, Chapter 39, Section 7
( 31-39-7)
(a) No physician, health care professional, health care facility,
emergency medical technician, or person employed by, acting as the
agent of, or under contract with any of the foregoing shall be
subject to criminal prosecution or civil liability or be deemed to
have engaged in unprofessional conduct for carrying out in good
faith a decision regarding cardiopulmonary resuscitation authorized
by this chapter by or on behalf of a patient or for those actions
taken in compliance with the standards and procedures set forth in
this chapter. (b) No physician, health care professional, health care facility,
emergency medical technician, or person employed by, acting as the
agent of, or under contract with any of the foregoing shall be
subject to criminal prosecution or civil liability or be deemed to
have engaged in unprofessional conduct for providing cardiopulmonary
resuscitation to a patient for whom an order not to resuscitate has
been issued, provided that such physician or person: (1) Reasonably and in good faith was unaware of the issuance of an
order not to resuscitate; or (2) Reasonably and in good faith believed that consent to the
order not to resuscitate had been revoked or canceled. (c) No persons shall be civilly liable for failing or refusing in
good faith to effectuate an order not to resuscitate. No person
shall be subject to criminal prosecution or civil liability for
consenting or declining to consent in good faith, on behalf of a
patient, to the issuance of an order not to resuscitate pursuant to
this chapter. (d) Any attending physician who fails or refuses to comply with an
order not to resuscitate entered pursuant to this chapter shall
endeavor to advise promptly the patient, if conscious, or the next
of kin or authorized person of the patient that such physician is
unwilling to effectuate the order. The attending physician shall
thereafter at the election of the next of kin or authorized person: (1) Make a good faith attempt to effect the transfer of the
patient to another physician who will effectuate the order not to
resuscitate; or (2) Permit the next of kin or authorized person to obtain another
physician who will effectuate the order not to resuscitate. (e) Any emergency medical technician who fails or refuses to comply
with an order not to resuscitate entered pursuant to this chapter
shall endeavor to advise promptly the patient, if conscious, or the
next of kin or authorized person of the patient, if reasonably
available, that such emergency medical technician is unwilling to
effectuate the order. |