West Virginia Code 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 instructed by the person, representative or surrogate decision-maker or for those actions taken in compliance with the standards and procedures set forth in this article.
Terms Used In West Virginia Code 16-30C-9
- Arrest: Taking physical custody of a person by lawful authority.
- 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. See West Virginia Code 16-30C-3
- Cardiopulmonary resuscitation: means those measures used to restore or support cardiac or respiratory function in the event of a cardiac or respiratory arrest. See West Virginia Code 16-30C-3
- Contract: A legal written agreement that becomes binding when signed.
- Health care facility: means a facility established to administer and provide health care services and which is commonly known by a wide variety of titles, including, but not limited to, hospitals, medical centers, ambulatory health care facilities, physicians'. See West Virginia Code 16-30C-3
- Health care provider: means any physician, dentist, nurse, paramedic, psychologist or other person providing medical, dental, nursing, psychological or other health care services of any kind. See West Virginia Code 16-30C-3
- Representative: means a person designated by a principal to make health care decisions in accordance with article thirty-a of this chapter. See West Virginia Code 16-30C-3
- surrogate: means an individual eighteen years of age or older who is reasonably available, is willing to make health care decisions on behalf of an incapacitated person, possesses the capacity to make health care decisions and is identified or selected by the attending physician or advanced nurse practitioner in accordance with applicable provisions of article thirty of this chapter as the person or persons who is to make decisions pursuant to this article: Provided, That a representative named in the incapacitated person'. See West Virginia Code 16-30C-3
(b) No health care provider, health care facility, individual employed by, acting as agent of, or under contract with any of the foregoing or other individual who witnesses a cardiac or respiratory arrest shall be subject to criminal prosecution or civil liability for providing cardiopulmonary resuscitation to a person for whom a do not resuscitate order has been issued, provided that such physician or individual:
(1) Reasonably and in good faith was unaware of the issuance of a do not resuscitate order; or
(2) Reasonably and in good faith believed that consent to the do not resuscitate order had been revoked or canceled.
(c) Any physician who refused to issue a do not resuscitate order at a person's request or to comply with a do not resuscitate order entered pursuant to this article shall take reasonable steps to advise promptly the person, representative, or surrogate decision-maker of the person that such physician is unwilling to effectuate the order. The attending physician shall thereafter at the election of the person, representative or surrogate decision-maker permit the person, representative or surrogate decision-maker to obtain another physician.