CHAPTER 34-12F
EMS CARDIOPULMONARY RESUSCITATION DIRECTIVE
34-12F-1. Definitions.
34-12F-2. Execution of EMS cardiopulmonary resuscitation directive.
34-12F-3. Implementation of directive by emergency medical personnel--Rules--Construction of section.
34-12F-4. Emergency medical service personnel and health care providers and facilities--Compliance with directive required--Immunity from civil and criminal liability and discipline for unprofessional conduct.
34-12F-5. Effect of compliance with directive on criminal prosecution of person otherwise criminally charged.
34-12F-6. Directive for person admitted to health care facility--Implementation as physician's order.
34-12F-7. Directive or failure to execute directive--Effect on annuity or insurance.
34-12F-8. Revocation of directive.
34-12F-9. Parental notification required to withhold resuscitation--Records--Parental objection--Court action.
34-12F-1. Definitions.
Terms used in this chapter mean:
(1) "Cardiopulmonary resuscitation," measures to restore cardiac function or to support breathing in the event of respiratory or cardiac arrest or malfunction. Cardiopulmonary resuscitation includes chest compression, delivering electric shock to the chest, or manual or mechanical methods to assist breathing;
(2) "EMS cardiopulmonary resuscitation directive," an advance medical directive pertaining to the administration of cardiopulmonary resuscitation, which is a medical order based on informed consent, signed by or on behalf of an individual and a physician, a physician assistant, or a certified nurse practitioner, directing emergency medical services personnel to not perform resuscitative measures in the event of respiratory or cardiac arrest or malfunction;
(3) "Emergency medical service personnel," any emergency medical technician at any level as defined in § 36-4B-1;
(4) "Informed consent," consent voluntarily, knowingly, and competently given without any element of force, fraud, deceit, duress, threat, or other form of coercion after explanation by a physician, physician' s assistant, or certified nurse practitioner of any information that a reasonable person would consider significant to the decision in a manner reasonably comprehensible to general lay understanding.
Source: SL 2004, ch 226, § 1; SL 2005, ch 183, § 1; SL 2017, ch 171, § 50.
34-12F-2. Execution of EMS cardiopulmonary resuscitation directive.
Any adult who has the decisional capacity to provide informed consent to, or refusal of, medical treatment, or any other person who is, pursuant to § 34-12C-2 or 59-7-2.5 or other laws of this state, authorized to make medical treatment decisions on behalf of a person who lacks such decisional capacity, may execute an EMS cardiopulmonary resuscitation directive.
Source: SL 2004, ch 226, § 2; SL 2005, ch 183, § 2.
34-12F-3. Implementation of directive by emergency medical personnel--Rules--Construction of section.
The Department of Health may promulgate rules, pursuant to chapter 1-26, for the implementation of EMS cardiopulmonary resuscitation directives by emergency medical personnel. Any such rules shall include protocols for uniform methods for rapid identification of persons, including a unique, immediately recognizable bracelet to be worn for immediate identification of persons who have executed an EMS cardiopulmonary resuscitation directive, controlled distribution of the methods of identifying such persons, and any other pertinent information. Nothing in this section may be construed to restrict any other manner in which a person may make a cardiopulmonary resuscitation directive.
Source: SL 2004, ch 226, § 3; SL 2005, ch 183, § 3; SL 2015, ch 277 (Ex. Ord. 15-1), § 33, eff. Apr. 20, 2015.
34-12F-4. Emergency medical service personnel and health care providers and facilities--Compliance with directive required--Immunity from civil and criminal liability and discipline for unprofessional conduct.
Any emergency medical service personnel, health care provider, and health care facility shall comply with a person's EMS cardiopulmonary resuscitation directive that is apparent and immediately available. Any emergency medical service personnel, health care provider, health care facility, or any other person who, in good faith, complies with an EMS cardiopulmonary resuscitation directive which is perceived to be valid is not subject to civil or criminal liability or to discipline for unprofessional conduct.
Source: SL 2004, ch 226, § 4; SL 2005, ch 183, § 4.
34-12F-5. Effect of compliance with directive on criminal prosecution of person otherwise criminally charged.
Compliance by any emergency medical service personnel, health care provider, or health care facility with an EMS cardiopulmonary resuscitation directive does not affect the criminal prosecution of any person otherwise charged with the commission of a criminal act.
Source: SL 2004, ch 226, § 5; SL 2005, ch 183, § 5.
34-12F-6. Directive for person admitted to health care facility--Implementation as physician's order.
An EMS cardiopulmonary resuscitation directive for any person who is admitted to a health care facility shall be implemented as a physician's order concerning resuscitation as directed in the EMS cardiopulmonary resuscitation directive, pending any further order by a physician.
Source: SL 2004, ch 226, § 6; SL 2005, ch 183, § 6.
34-12F-7. Directive or failure to execute directive--Effect on annuity or insurance.
Neither an EMS cardiopulmonary resuscitation directive nor the failure of a person to execute one affects, impairs, or modifies any contract of life or health insurance or annuity or constitutes the basis for any delay in issuing or refusing to issue an annuity or policy of life or health insurance or any increase of a premium therefor.
Source: SL 2004, ch 226, § 7; SL 2005, ch 183, § 7.
34-12F-8. Revocation of directive.
An EMS cardiopulmonary resuscitation directive may be revoked at any time by the person who is the subject of the directive or by any other person who is, pursuant to the laws of this state or any other state, authorized to make medical treatment decisions on behalf of the person who is the subject of the directive.
Source: SL 2004, ch 226, § 8; SL 2005, ch 183, § 8.
34-12F-9. Parental notification required to withhold resuscitation--Records--Parental objection--Court action.
If a physician determines that a patient who is an unemancipated minor has a life-limiting illness, the physician may not institute an order to withhold resuscitation unless the physician has:
(1) Informed at least one of the patient's parents or the patient's legal guardian of the intent to institute such an order; and
(2) Made a reasonable attempt to inform the patient's other parent, if that parent's contact information is available or discernible, and if that parent has custodial or visitation rights.
The physician shall provide the information required by this section orally and in written form unless, using medical judgment, the physician determines that the urgency of the patient's condition requires reliance on only oral information.
The physician shall ensure that all communications made or attempted in accordance with this section are contemporaneously documented in the patient's medical record and that the record includes a listing of all participants in the communication, the date and time that communications or attempted communications occurred, and whether the information was provided orally or in written form. Copies of any written information provided must also be placed in the medical record.
Either of the patient's parents or the patient's legal guardian may object, orally or in written form, to the institution of an order to withhold resuscitation. The objection must be contemporaneously documented in the patient's medical record. An objection under this section precludes the physician from instituting an order to withhold resuscitation until the objection is withdrawn or a court permits institution of the order.
If the patient's parents are unable to agree on the institution of an order to withhold resuscitation, either parent may petition the circuit court of the county in which that parent resides or in which the patient is receiving treatment for an order enjoining a violation or a threatened violation of this section or to resolve a conflict. Pending a final determination, including any appeals, an order to withhold resuscitation may not be instituted.
Source: SL 2019, ch 145, § 1.
