09 HB
69/AP
House
Bill 69 (AS PASSED HOUSE AND SENATE)
By:
Representatives Jerguson of the
22nd,
Cooper of the
41st,
Channell of the
116th,
Mitchell of the
88th,
and Kaiser of the
59th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 31-39-4 of the Official Code of Georgia Annotated, relating
to persons authorized to issue an order not to resuscitate, so as to provide for
an attending physician to issue an order not to resuscitate a candidate for
nonresuscitation without concurrence by another physician under certain
conditions; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 31-39-4 of the Official Code of Georgia Annotated, relating to persons
authorized to issue an order not to resuscitate, is amended by revising
subsection (c) as follows:
"(c)
The appropriate authorized person may, after being informed of the provisions of
this Code section, consent orally or in writing to an order not to resuscitate
for an adult candidate for nonresuscitation; provided, however, that such
consent is based in good faith upon what such authorized person determines such
candidate for nonresuscitation would have wanted had such candidate for
nonresuscitation understood the circumstances under which such order is being
considered.
Where such
authorized person is an agent under a durable power of attorney for health care
or health care agent under an advance directive for health care appointed
pursuant to Chapter 32 of this title, the attending physician may issue an order
not to resuscitate a candidate for nonresuscitation pursuant to the requirements
of this chapter without the concurrence of another physician, notwithstanding
the provisions of paragraph (4) of Code Section
31-39-2."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.