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West Virginia Do Not Resuscitate Form

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West Virginia Do Not Resuscitate Form
§16-30C-1. Short title.
The article may be cited as the "Do Not Resuscitate Act."
§16-30C-2. Legislative findings and purposes.
(a) Findings. -- The Legislature hereby finds that:
(1) Although cardiopulmonary resuscitation has saved the lives of persons
experiencing sudden, unexpected death, present medical data indicates that
cardiopulmonary resuscitation rarely leads to prolonged survival in persons with chronic
illnesses in whom death is expected;
(2) In many circumstances, the performance of cardiopulmonary resuscitation on
persons may cause infliction of unwanted and unnecessary pain and suffering;
(3) All persons have a right to make health care decisions including the right to
refuse cardiopulmonary resuscitation;
(4) Persons with incapacity have the right to have health care decisions made for
them by surrogate decision-makers;
(5) Existing emergency medical services protocols require their personnel to
proceed with cardiopulmonary resuscitation when they find a person in a cardiac or
respiratory arrest even if such person has completed a living will or medical power of
attorney, indicating that he/she does not wish to receive cardiopulmonary resuscitation;
(6) The administration of cardiopulmonary resuscitation by emergency medical
services personnel to persons who have indicated by a living will or medical power of
attorney or other means that they do not wish to receive such resuscitation offends the
dignity of the person and conflicts with standards of accepted medical practice.
(b) Purpose. -- It is the purpose of this article to ensure that the right of a person to
self-determination relating to cardiopulmonary resuscitation is protected. It is the intent
of the Legislature by enacting this article to give direction to emergency medical services
personnel and other health care providers in regard to the performance of
cardiopulmonary resuscitation.
§16-30C-3. Definitions.
As used in this article, unless the context clearly requires otherwise, the following
definitions apply:
(a) "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. If more than one physician shares that responsibility, any of those physicians
may act as the attending physician under the provisions of this article.
(b) "Cardiopulmonary resuscitation" means those measures used to restore or
support cardiac or respiratory function in the event of a cardiac or respiratory arrest.
(c) "Do-not-resuscitate identification" means a standardized identification necklace,
bracelet, card or physician orders for scope of treatment form as set forth in this article
that signifies that a do-not-resuscitate order has been issued for the possessor.
(d) "Do-not-resuscitate order" means an order issued by a licensed physician that
cardiopulmonary resuscitation should not be administered to a particular person.
(e) "Emergency medical services personnel" means paid or volunteer firefighters,
law-enforcement officers, emergency medical technicians, paramedics or other
emergency services personnel, providers or entities acting within the usual course of their
West Virginia Do Not Resuscitate Form