West Virginia Code 16-30-19 – Physician’s duty to confirm, communicate, and document terminal condition; medical record identification
(a) An attending physician who has been notified of the existence of a living will or combined medical power of attorney and living will executed under this article, without delay after the diagnosis of a terminal condition of the principal, shall take steps as needed to provide for confirmation, written certification, and documentation of the principal’s terminal condition in the principal’s medical record.
Terms Used In West Virginia Code 16-30-19
- in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(b) Once confirmation, written certification, and documentation of the principal’s terminal condition is made, the attending physician shall verbally or in writing inform the principal of his or her condition or the principal’s medical power of attorney representative or surrogate, if the principal lacks capacity to comprehend such information and shall document such communication in the principal’s medical record.
(c) All inpatient health care facilities shall develop a system to visibly identify a person’s chart which contains a living will or medical power of attorney, combined medical power of attorney and living will, or a portable order for scope of treatment as set forth in this article.