§16-30C-1. Short Title
The article may be cited as the "Do Not Resuscitate Act."
§16-30C-10. Insurance
(a) No policy of life insurance shall be legally impaired, modified, or invalidated in any manner by the issuance of a do not resuscitate order notwithstanding any term of the policy to the contrary. (b) A person may not prohibit or require the issuance of a do not resuscitate order for an individual as a […]
§16-30C-11. Interinstitutional Transfers
If a person with a do-not-resuscitate order is transferred from one health care facility to another health care facility, the health care facility initiating the transfer shall communicate the existence of a do-not-resuscitate order to the receiving facility prior to the transfer. The written do-not-resuscitate order, the do-not-resuscitate card as described in section six of […]
§16-30C-12. Preservation of Existing Rights
(a) Nothing in this article shall impair or supersede any legal right or legal responsibility which any person may have to effect the withholding of cardiopulmonary resuscitation in any lawful manner. In such respect, the provisions of this article are cumulative. (b) Nothing in this article shall be construed to preclude a court of competent […]
§16-30C-13. Do-Not-Resuscitate Order Form; Do-Not-Resuscitate Identification; Public Education
(a) The secretary of the Department of Health and Human Resources, no later than July 1, 1994, shall implement the statewide distribution of do-not-resuscitate forms as described in section six of this article. (b) Do-not-resuscitate identification as set forth in this article may consist of either a medical condition bracelet or necklace with the inscription […]
§16-30C-14. Not Suicide or Murder
The withholding of cardiopulmonary resuscitation from a person in accordance with the provisions of this article does not, for any purpose, constitute suicide or murder. The withholding of cardiopulmonary resuscitation from a person in accordance with the provisions of this article, however, shall not relieve any individual of responsibility for any criminal acts that may […]
§16-30C-15. Full Faith and Credit
It is the intention of the Legislature to recognize that existence of do not resuscitate identification correctly expresses the will of any person who bears it and that foreign courts recognize this expression and give full faith and credit to do not resuscitate identification.
§16-30C-16. Severability
The provisions of this article are severable and if any provision, section or part thereof shall be held invalid, unconstitutional or inapplicable to any person or circumstance, such invalidity, unconstitutionality or inapplicability shall not affect or impair any other remaining provisions contained herein.
§16-30C-2. Legislative Findings and Purposes
(a) Findings. — The Legislature hereby finds that: (1) Although cardiopulmonary resuscitation has saved the lives of persons experiencing sudden, unexpected death, present medical data indicates that cardiopulmonary resuscitation rarely leads to prolonged survival in persons with chronic illnesses in whom death is expected;
§16-30C-3. Definitions
As used in this article, unless the context clearly requires otherwise, the following definitions apply: (a) "Attending physician" means the physician selected by or assigned to the person who has primary responsibility for treatment or care of the person and who is a licensed physician. If more than one physician shares that responsibility, any of […]
§16-30C-4. Applicability
The provisions of this article apply to all persons regardless of whether or not they have completed a living will or medical power of attorney. For the purposes of direction to emergency medical services personnel, a do not resuscitate order does not apply to treatment rendered at the site where trauma has occurred to persons […]
§16-30C-5. Presumed Consent to Cardiopulmonary Resuscitation; Health Care Facilities Not Required to Expand to Provide Cardiopulmonary Resuscitation
Every person shall be presumed to consent to the administration of cardiopulmonary resuscitation in the event of cardiac or respiratory arrest, unless one or more of the following conditions, of which the health care provider has actual knowledge, apply: (1) A do-not-resuscitate order in accordance with the provisions of this article has been issued for […]
§16-30C-6. Issuance of a Do-Not-Resuscitate Order; Order to Be Written by a Physician, a Physician S Assistant, or an Advanced Practice Registered Nurse
(a) An attending physician, a physicians assistant, or an advanced practice registered nurse may issue a do-not-resuscitate order for persons who are present in or residing at home or in a health care facility if the person, representative, or surrogate has consented to the order. A do-not-resuscitate order shall be issued in writing in the […]
§16-30C-7. Compliance With a Do-Not-Resuscitate Order
(a) Health care providers shall comply with the do-not-resuscitate order when presented with one of the following: (1) A do-not-resuscitate order completed by a physician on a form as specified in section six of this article;
§16-30C-8. Revocation of Do Not Resuscitate Order
(a) At any time a person in a health care facility may revoke his or her previous request for or consent to a do not resuscitate order by making either a written, oral or other act of communication to a physician or other professional staff of the health care facility. (b) At any time a […]
§16-30C-9. Protection of Persons Carrying Out in Good Faith Do Not Resuscitate Order; Notification of Representative or Surrogate Decision-Maker by Physician Refusing to Comply With Do Not Resuscitate Order
(a) No health care provider, health care facility, or individual employed by, acting as the agent of, or under contract with any of the foregoing shall be subject to criminal prosecution or civil liability for carrying out in good faith a do not resuscitate order authorized by this article on behalf of a person as […]