09 LC
35 1141
House
Bill 69
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 Chapter 39 of Title 31 of the Official Code of Georgia Annotated, relating
to cardiopulmonary resuscitation, so as to clarify provisions relating to a
candidate for nonresuscitation and authorization for an order not to resuscitate
and to remove statutory ambiguity; 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 by revising paragraph (4) of Code
Section 31-39-2, relating to definitions pertaining to cardiopulmonary
resuscitation, as follows:
"(4)
'Candidate for nonresuscitation' means a patient who, based on a determination
to a reasonable degree of medical certainty by an attending physician
with the
concurrence of another
physician:
(A)
Has a medical condition which can reasonably be expected to result in the
imminent death of the patient;
(B)
Is in a noncognitive state with no reasonable possibility of regaining cognitive
functions; or
(C)
Is a person for whom cardiopulmonary resuscitation would be medically futile in
that such resuscitation will likely be unsuccessful in restoring cardiac and
respiratory function or will only restore cardiac and respiratory function for a
brief period of time so that the patient will likely experience repeated need
for cardiopulmonary resuscitation over a short period of time or that such
resuscitation would be otherwise medically futile."
SECTION
2.
Said
chapter is further amended by revising subsection (a) of Code Section 31-39-4,
relating to persons authorized to issue an order not to resuscitate, as
follows:
"(a)
Where there
has been consent by an authorized person pursuant to subsection (b), (c), or (d)
of this Code section or a decision by two physicians pursuant to subsection (e)
of this Code section, then it
It
shall be lawful for the attending physician to issue an order not to resuscitate
a candidate
for nonresuscitation 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, 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.
All
laws and parts of laws in conflict with this Act are repealed.