Bill Text: GA HB275 | 2011-2012 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Cardiopulmonary resuscitation; authorized to order not to resuscitate; clarify
Spectrum: Partisan Bill (Republican 7-0)
Status: (Passed) 2011-07-01 - Effective Date [HB275 Detail]
Download: Georgia-2011-HB275-Comm_Sub.html
Bill Title: Cardiopulmonary resuscitation; authorized to order not to resuscitate; clarify
Spectrum: Partisan Bill (Republican 7-0)
Status: (Passed) 2011-07-01 - Effective Date [HB275 Detail]
Download: Georgia-2011-HB275-Comm_Sub.html
11 LC
33 4118S
The
House Committee on Health and Human Services offers the following
substitute
to HB 275:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 39 of Title 31 of the Official Code of Georgia Annotated, relating
to cardiopulmonary resuscitation, so as to clarify the health care providers
authorized to effectuate an order not to resuscitate; to provide for
definitions; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
39 of Title 31 of the Official Code of Georgia Annotated, relating to
cardiopulmonary resuscitation, is amended in Code Section 31-39-2, relating to
definitions pertaining to cardiopulmonary resuscitation, by adding new
paragraphs to read as follows:
"(5.1)
'Caregiver' means an unlicensed assistant who provides direct health related
care to patients or residents, a proxy caregiver performing health maintenance
activities as provided in Code Section 43-26-12, or a person performing
auxiliary services in the care of patients as provided in Code Section
43-26-12."
"(8.1)
'Nurse' means a person who is a licensed practical nurse as provided in Code
Section 43-26-32 or a registered professional nurse as provided in Code Section
43-26-3."
"(11.1)
'Physician assistant' means a person licensed as a physician assistant pursuant
to Article 4 of Chapter 34 of Title
43."
SECTION
2.
Said
chapter is further amended in Code Section 31-39-4, relating to persons
authorized to issue an order not to resuscitate, by revising subsection (a) as
follows:
"(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,
nurse,
physician assistant, caregiver, 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."
SECTION
3.
Said
chapter is further amended by revising Code Section 31-39-6, relating to the
revocation of consent to an order not to resuscitate, as follows:
"31-39-6.
(a)
A patient may, at any time, revoke his or her consent to an order not to
resuscitate by making either a written or an oral declaration or by any other
act evidencing a specific intent to revoke such consent which is communicated to
or in the presence of an attending
physician,
nurse, physician assistant, caregiver
or a member
of the nursing staff at the health care
facility,
a
health care professional, or
an
emergency medical technician.
(b)
Any parent or authorized person may at any time revoke his or her consent to an
order not to resuscitate a patient by making either a written or an oral
declaration or by any other act evidencing a specific intent to revoke such
consent which is communicated to or in the presence of an attending
physician,
nurse, physician assistant, caregiver
or a member
of the nursing staff at the health care
facility,
a
health care professional, or
an
emergency medical technician.
(c)
Any physician who is informed of or provided with a revocation of consent
pursuant to this Code section shall, either by himself or herself or by
designee, immediately include the revocation in the patient's chart, cancel the
order, and notify any health care facility staff responsible for the patient's
care of the revocation and cancellation. Any member of the nursing staff,
or a physician
assistant, caregiver,
a
health care professional, or emergency medical technician who is informed of or
provided with a revocation of consent pursuant to this Code section shall
immediately notify a physician of such revocation."
SECTION
4.
Said
chapter is further amended by revising Code Section 31-39-6.1, relating to form
of order not to resuscitate, bracelet or necklace, and revocation or
cancellation of order, as follows:
"31-39-6.1.
(a)
In addition to those orders not to resuscitate authorized elsewhere in this
chapter, any physician, health care professional,
nurse,
physician assistant, caregiver, or
emergency medical technician shall be authorized to effectuate an order not to
resuscitate for a person who is not a patient in a hospital, nursing home, or
licensed hospice
and
if
the order is evidenced in writing containing the patient's name, date of the
form, printed name of the attending physician, and
signed
by
signature
of the attending physician on a form
substantially similar to the following:
'DO
NOT RESUSCITATE ORDER
NAME
OF PATIENT: __________________________________________________
THIS
CERTIFIES THAT AN ORDER NOT TO RESUSCITATE HAS BEEN ENTERED ON THE ABOVE-NAMED
PATIENT.
SIGNED:_______________________
ATTENDING PHYSICIAN
ATTENDING PHYSICIAN
PRINTED
OR TYPED NAME OF ATTENDING PHYSICIAN: _________________
ATTENDING
PHYSICIAN'S TELEPHONE NUMBER: _______________________
DATE:____________________'
(b)
A person who is not a patient in a hospital, nursing home, or licensed hospice
and who has an order not to resuscitate pursuant to this Code section
shall
may
wear an identifying bracelet on either the wrist or the ankle or an identifying
necklace and
shall post or place a prominent notice in such person's
home. The bracelet shall be substantially
similar to identification bracelets worn in hospitals. The
bracelet,
or
necklace, or
notice
shall be on
an orange background and shall provide the
following information in boldface type:
'DO
NOT RESUSCITATE ORDER
Patient's
name: _________________________________________________________
Authorized
person's name and telephone number, if applicable:
__________________
Patient's
physician's printed name and telephone number:
___________________
Date
of order not to resuscitate:
___________________________________________'
Any
physician, health care professional,
nurse,
physician assistant, caregiver, or
emergency medical technician shall be authorized to regard such a
bracelet,
or
necklace, or
notice as a legally sufficient order not
to resuscitate in the same manner as an order issued pursuant to this chapter
unless such person has actual knowledge that such order has been canceled or
consent thereto revoked as provided in this chapter.
(c)
Any order not to resuscitate evidenced pursuant to subsection (a) or (b) of this
Code section may be revoked as provided in Code Section 31-39-6 and may be
canceled as provided in Code Section 31-39-5."
SECTION
5.
Said
chapter is further amended in Code Section 31-39-7, relating to liability of
persons carrying out in good faith decisions regarding cardiopulmonary
resuscitation, notification of next of kin or authorized person of patient by
physician refusing to comply with an order not to resuscitate, by revising
subsections (a) and (b) as follows:
"(a)
No physician, health care professional,
nurse,
physician assistant, caregiver, health
care facility,
other licensed
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,
nurse,
physician assistant, caregiver, health
care facility,
other licensed
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."
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.