SB 55 - CPR - orders not to resuscitate
Georgia Senate - 1995/1996 Sessions
SB 55 - CPR - orders not to resuscitate
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7
1. Johnson 1st 2. Oliver 42nd
Senate Comm: Judy / House Comm: H&E /
Senate Vote: Yeas 50 Nays 1
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Senate Action House
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1/12/95 Read 1st time 2/22/95
2/15/95 Favorably Reported 3/1/95
Sub Committee Amend/Sub Sub
2/16/95 Read 2nd Time 2/27/95
2/20/95 Read 3rd Time 3/8/95
2/21/95 Passed/Adopted 3/8/95
FS Comm/Floor Amend/Sub CS
3/14/95* Amend/Sub Agreed To
Amend/Sub Disagreed To 3/15/95*
3/15/95 Conf Comm Appointed 3/17/95
3/17/95 Conf Comm Rep Adopted 3/17/95
3/28/95 Sent To Governor
4/18/95 Signed by Governor
355 Act/Veto Number
4/18/95 Effective Date
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*2/20/95 Pursuant to Senate Rule 143, action suspended.
*3/14/95 Senate agrees to House substitute as amended by Senate.
*3/15/95 House disagrees to Senate amendment to House substitute.
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CC# SENATE CONFEREES HOUSE CONFEREES SENATE HOUSE
#1 Johnson, E. - 1st Skipper - 137th Adopted Adopted
Farrow - 54th Childers - 13th 3/17/95 3/17/95
Oliver - 42nd Parsons - 40th
Code Sections amended: 31-39-2, 31-39-4,31-39-5, 31-39-6, 31-39-6.1, 31-39-7
SB 55 95 SB55/AP
SENATE BILL 55
By: Senators Johnson of the 1st and Oliver of the 42nd
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 39 of Title 31 of the Official Code of
1- 2 Georgia Annotated, regarding orders not to resuscitate, so
1- 3 as to change the provisions regarding definitions; to
1- 4 provide what constitutes such orders; to change the
Said chapter is further amended by striking Code Section S " a -
1- 6 authorize such orders to be carried out by certain emergency
1- 7 medical services providers and health care personnel under
1- 8 certain conditions; to provide for identifying bracelets and
1- 9 necklaces and their status as such orders; to change the
1-10 provisions relating to cancellation and revocation of such
1-11 orders; to limit the duties and liability of certain health
1-12 care providers and other health care facilities; to provide
1-13 an effective date; to repeal conflicting laws; and for other
1-14 purposes.
1-15 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-16 Chapter 39 of Title 31 of the Official Code of Georgia
1-17 Annotated, regarding orders not to resuscitate, is amended
1-18 by adding after paragraph (6) of Code Section 31-39-2,
1-19 relating to definitions, the following paragraph:
1-20 "(6.1) 'Emergency medical technician' means a person
1-21 certified as an emergency medical technician, paramedic,
1-22 or cardiac technician under Chapter 11 of this title."
SECTION 1.1.
1-23 Said chapter is further amended by striking paragraph (7) of
1-24 said Code Section 31-39-2, relating to definitions, and
1-25 inserting in its place the following:
1-26 "(7) 'Health care facility' means an institution which
1-27 is licensed as a hospital or nursing home pursuant to
1-28 Article 1 of Chapter 7 of this title or licensed as a
1-29 hospice pursuant to Article 9 of Chapter 7 of this
1-30 title, or a home health agency licensed pursuant to
1-31 Article 7 of Chapter 7 of this title."
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SECTION 2.
2- 1 Said chapter is further amended by striking subsection (a)
2- 2 of Code Section 31-39-4, relating to persons authorized to
2- 3 issue an order not to resuscitate, and inserting in its
2- 4 place the following:
2- 5 "(a) It shall be lawful for the attending physician to
2- 6 issue an order not to resuscitate pursuant to the
2- 7 requirements of this chapter. Such an Any written order
2- 8 shall be issued in writing by the attending physician
2- 9 using the term 'do not resuscitate,' 'DNR,' 'order not to
2-10 resuscitate,' 'no code,' or substantially similar language
2-11 in the patient's chart and shall be effective upon
2-12 issuance constitute a legally sufficient order and shall
2-13 authorize a physician, health care professional, or
2-14 emergency medical technician to withhold or withdraw
2-15 cardiopulmonary resuscitation. Such an order shall remain
2-16 effective, whether or not the patient is receiving
2-17 treatment from or is a resident of a health care facility,
2-18 until the order is canceled as provided in Code Section
2-19 31-39-5 or until consent for such order is revoked as
2-20 provided in Code Section 31-39-6, whichever occurs
2-21 earlier. An attending physician who has issued such an
2-22 order and who transfers care of the patient to another
2-23 physician shall inform the receiving physician and the
2-24 health care facility, if applicable, of the order."
SECTION 2.1.
2-25 Said chapter is further amended by striking paragraph (3) of
2-26 subsection (e) of said Code Section 31-39-4 and inserting in
2-27 its place the following:
2-28 "(3) The patient is receiving inpatient or outpatient
2-29 treatment from or is a resident of a health care
2-30 facility other than a hospice or a home health agency."
SECTION 2.2.
2-31 Said chapter is further amended by striking subsection (b)
2-32 and (c) of Code Section 31-39-5, relating to cancellation of
2-33 orders, and inserting in their place the following:
2-34 "(b) If the order not to resuscitate was entered pursuant
2-35 to subsection (c), (d), or (e) of Code Section 31-39-4 and
2-36 the attending physician who issued the order or, if that
2-37 attending physician is unavailable, another attending
2-38 physician, at any time determines that the patient no
2-39 longer qualifies as a candidate for nonresuscitation, the
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3- 1 attending physician or the physician's designee shall
3- 2 immediately include such determination in the patient's
3- 3 chart, cancel the order, and notify the patient, the
3- 4 person who consented to the order, and all hospital health
3- 5 care facility staff responsible for the patient's care of
3- 6 the cancellation.
3- 7 (c) If an order not to resuscitate was entered pursuant to
3- 8 subsection (c), (d), or (e) of Code Section 31-39-4 and
3- 9 the patient at any time regains decision-making capacity,
3-10 the attending physician who issued the order or, if that
3-11 attending physician is unavailable, another attending
3-12 physician, shall immediately determine if the patient
3-13 consents to the order not to resuscitate and, if the
3-14 patient does not so consent, the attending physician or
3-15 the physician's designee shall cancel the order by an
3-16 appropriate entry on the record and notify all hospital
3-17 health care facility staff responsible for the patient's
3-18 care of the cancellation."
SECTION 3.
3-19 Said chapter is further amended by adding after Code Section
3-20 31-39-6 a new Code section to read as follows:
3-21 "31-39-6.1. (Index)
3-22 (a) In addition to those orders not to resuscitate
3-23 authorized elsewhere in this chapter, any physician,
3-24 health care professional, or emergency medical technician
3-25 shall be authorized to effectuate an order not to
3-26 resuscitate for a person who is not a patient in a
3-27 hospital, nursing home, or licensed hospice and the order
3-28 is evidenced in writing containing the patient's name,
3-29 date of the form, printed name of the attending physician,
3-30 and signed by the attending physician on a form
3-31 substantially similar to the following:
3-32 'DO NOT RESUSCITATE ORDER
3-33 NAME OF PATIENT:
3-34 THIS CERTIFIES THAT AN ORDER NOT TO RESUSCITATE HAS BEEN
3-35 ENTERED ON THE ABOVE-NAMED PATIENT.
3-36 SIGNED:
3-37 ATTENDING PHYSICIAN
3-38 PRINTED OR TYPED NAME OF ATTENDING PHYSICIAN:
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4- 1 ATTENDING PHYSICIAN'S TELEPHONE NUMBER:
4- 2 DATE: '
4- 3 (b) A person who is not a patient in a hospital, nursing
4- 4 home, or licensed hospice and who has an order not to
4- 5 resuscitate pursuant to this Code section shall wear an
4- 6 identifying bracelet on either the wrist or the ankle or
4- 7 an identifying necklace. The bracelet shall be
4- 8 substantially similar to identification bracelets worn in
4- 9 hospitals. The bracelet or necklace shall be on an orange
4-10 background and shall provide the following information in
4-11 boldface type:
4-12 'DO NOT RESUSCITATE ORDER
4-13 Patient's name:
4-14 Authorized person's name and telephone number, if
4-15 applicable:
4-16 Patient's physician's printed name and telephone
4-17 number:
4-18 Date of order not to resuscitate: '
4-19 Any physician, health care professional, or emergency
4-20 medical technician shall be authorized to regard such a
4-21 bracelet or necklace as a legally sufficient order not to
4-22 resuscitate in the same manner as an order issued pursuant
4-23 to this chapter unless such person has actual knowledge
4-24 that such order has been canceled or consent thereto
4-25 revoked as provided in this chapter.
4-26 (c) Any order not to resuscitate evidenced pursuant to
4-27 subsection (a) or (b) or this Code section may be revoked
4-28 as provided in Code Section 31-39-6 and may be canceled as
4-29 provided in Code Section 31-39-5."
SECTION 4.
4-30 Said chapter is further amended by striking Code Section
4-31 31-39-6, relating to revocation of consent to order not to
4-32 resuscitate, and inserting in its place the following:
4-33 "31-39-6. (Index)
4-34 (a) A patient may, at any time, revoke his or her consent
4-35 to an order not to resuscitate by making either a written
4-36 or an oral declaration or by any other act evidencing a
4-37 specific intent to revoke such consent which is
4-38 communicated to or in the presence of an attending
S. B. 55
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SB55/AP
5- 1 physician or a member of the nursing staff at the health
5- 2 care facility, a health care professional, or an emergency
5- 3 medical technician.
5- 4 (b) Any parent or authorized person may at any time revoke
5- 5 his or her consent to an order not to resuscitate a
5- 6 patient by making either a written or an oral declaration
5- 7 or by any other act evidencing a specific intent to revoke
5- 8 such consent which is communicated to or in the presence
5- 9 of an attending physician or a member of the nursing staff
5-10 at the health care facility, a health care professional,
5-11 or an emergency medical technician.
5-12 (c) Any physician who is informed of or provided with a
5-13 revocation of consent pursuant to this Code section shall,
5-14 either by himself or herself or by designee, immediately
5-15 include the revocation in the patient's chart, cancel the
5-16 order, and notify any health care facility staff
5-17 responsible for the patient's care of the revocation and
5-18 cancellation. Any member of the nursing staff, a health
5-19 care professional, or emergency medical technician who is
5-20 informed of or provided with a revocation of consent
5-21 pursuant to this Code section shall immediately notify a
5-22 physician of such revocation."
SECTION 5.
5-23 Said chapter is further amended by striking Code Section
5-24 31-39-7, relating to liability of persons carrying out in
5-25 good faith decisions regarding cardiopulmonary
5-26 resuscitation, and inserting in its place the following:
5-27 "31-39-7. (Index)
5-28 (a) No physician, health care professional, health care
5-29 facility, emergency medical technician, or person employed
5-30 by, acting as the agent of, or under contract with any of
5-31 the foregoing shall be subject to criminal prosecution or
5-32 civil liability or be deemed to have engaged in
5-33 unprofessional conduct for carrying out in good faith a
5-34 decision regarding cardiopulmonary resuscitation
5-35 authorized by this chapter by or on behalf of a patient or
5-36 for those actions taken in compliance with the standards
5-37 and procedures set forth in this chapter.
5-38 (b) No physician, health care professional, health care
5-39 facility, emergency medical technician, or person employed
5-40 by, acting as the agent of, or under contract with any of
5-41 the foregoing shall be subject to criminal prosecution or
S. B. 55
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6- 1 civil liability or be deemed to have engaged in
6- 2 unprofessional conduct for providing cardiopulmonary
6- 3 resuscitation to a patient for whom an order not to
6- 4 resuscitate has been issued, provided that such physician
6- 5 or person:
6- 6 (1) Reasonably and in good faith was unaware of the
6- 7 issuance of an order not to resuscitate; or
6- 8 (2) Reasonably and in good faith believed that consent
6- 9 to the order not to resuscitate had been revoked or
6-10 canceled.
6-11 (c) No persons shall be civilly liable for failing or
6-12 refusing in good faith to effectuate an order not to
6-13 resuscitate. No person shall be subject to criminal
6-14 prosecution or civil liability for consenting or declining
6-15 to consent in good faith, on behalf of a patient, to the
6-16 issuance of an order not to resuscitate pursuant to this
6-17 chapter.
6-18 (d) Any attending physician who fails or refuses to comply
6-19 with an order not to resuscitate entered pursuant to this
6-20 chapter shall endeavor to advise promptly the patient, if
6-21 conscious, or the next of kin or authorized person of the
6-22 patient that such physician is unwilling to effectuate the
6-23 order. The attending physician shall thereafter at the
6-24 election of the next of kin or authorized person:
6-25 (1) Make a good faith attempt to effect the transfer of
6-26 the patient to another physician who will effectuate the
6-27 order not to resuscitate; or
6-28 (2) Permit the next of kin or authorized person to
6-29 obtain another physician who will effectuate the order
6-30 not to resuscitate.
6-31 (e) Any emergency medical technician who fails or refuses
6-32 to comply with an order not to resuscitate entered
6-33 pursuant to this chapter shall endeavor to advise promptly
6-34 the patient, if conscious, or the next of kin or
6-35 authorized person of the patient, if reasonably available,
6-36 that such emergency medical technician is unwilling to
6-37 effectuate the order."
SECTION 6.
6-38 This Act shall become effective upon its approval by the
6-39 Governor or upon its becoming law without such approval.
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SECTION 7.
7- 1 All laws and parts of laws in conflict with this Act are
7- 2 repealed.
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Office of the Secretary of the Senate
Frank Eldridge, Jr., Secretary of the Senate
Last Updated on 01/02/97