                                 CODE OF VIRGINIA

DURABLE DO NOT RESUSCITATE ORDERS (§ 54.1-2987.1)

A. As used in this section:
			&#8220;Health care provider&#8221; includes, but is not limited to, qualified
emergency medical services personnel.
			&#8220;Person authorized to consent on the patient&#8217;s behalf&#8221;
means any person authorized by law to consent on behalf of the patient incapable
of making an informed decision or, in the case of a minor child, the parent or
parents having custody of the child or the child&#8217;s legal guardian or as
otherwise provided by law.

B. A Durable Do Not Resuscitate Order may be issued by a physician for his
patient with whom he has a bona fide physician/patient relationship as defined
in the guidelines of the Board of Medicine, and only with the consent of the
patient or, if the patient is a minor or is otherwise incapable of making an
informed decision regarding consent for such an order, upon the request of and
with the consent of the person authorized to consent on the patient&#8217;s
behalf.

C. A Durable Do Not Resuscitate Order or other order regarding life-prolonging
procedures executed in accordance with the laws of another state in which such
order was executed shall be deemed to be valid for purposes of this article and
shall be given effect as provided in this article.

D. If a patient is able to, and does, express to a health care provider or
practitioner the desire to be resuscitated in the event of cardiac or
respiratory arrest, such expression shall revoke the provider&#8217;s or
practitioner&#8217;s authority to follow a Durable Do Not Resuscitate Order. In
no case shall any person other than the patient have authority to revoke a
Durable Do Not Resuscitate Order executed upon the request of and with the
consent of the patient himself.
			If the patient is a minor or is otherwise incapable of making an informed
decision and the Durable Do Not Resuscitate Order was issued upon the request of
and with the consent of the person authorized to consent on the patient&#8217;s
behalf, then the expression by said authorized person to a health care provider
or practitioner of the desire that the patient be resuscitated shall so revoke
the provider&#8217;s or practitioner&#8217;s authority to follow a Durable Do
Not Resuscitate Order.
			When a Durable Do Not Resuscitate Order has been revoked as provided in this
section, a new Order may be issued upon consent of the patient or the person
authorized to consent on the patient&#8217;s behalf.

E. Durable Do Not Resuscitate Orders issued in accordance with this section or
deemed valid in accordance with subsection C shall remain valid and in effect
until revoked as provided in subsection D or until rescinded, in accordance with
accepted medical practice, by the provider who issued the Durable Do Not
Resuscitate Order. In accordance with this section and regulations promulgated
by the Board of Health, (i) qualified emergency medical services personnel as
defined in &#xA7; 32.1-111.1; (ii) licensed health care practitioners in any
facility, program or organization operated or licensed by the Board of Health,
the Department of Social Services, or the Department of Behavioral Health and
Developmental Services or operated, licensed or owned by another state agency;
and (iii) licensed health care practitioners at any continuing care retirement
community registered with the State Corporation Commission pursuant to Chapter
49 (&#xA7; 38.2-4900 et seq.) of Title 38.2 are authorized to follow Durable Do
Not Resuscitate Orders that are available to them in a form approved by the
Board of Health or deemed valid in accordance with subsection C.

F. The provisions of this section shall not authorize any qualified emergency
medical services personnel or licensed health care provider or practitioner who
is attending the patient at the time of cardiac or respiratory arrest to
provide, continue, withhold or withdraw health care if such provider or
practitioner knows that taking such action is protested by the patient incapable
of making an informed decision. No person shall authorize providing, continuing,
withholding or withdrawing health care pursuant to this section that such person
knows, or upon reasonable inquiry ought to know, is contrary to the religious
beliefs or basic values of a patient incapable of making an informed decision or
the wishes of such patient fairly expressed when the patient was capable of
making an informed decision. Further, this section shall not authorize the
withholding of other medical interventions, such as intravenous fluids, oxygen
or other therapies deemed necessary to provide comfort care or to alleviate
pain.

G. This section shall not prevent, prohibit or limit a physician from issuing a
written order, other than a Durable Do Not Resuscitate Order, not to resuscitate
a patient in the event of cardiac or respiratory arrest in accordance with
accepted medical practice.

H. Valid Do Not Resuscitate Orders or Emergency Medical Services Do Not
Resuscitate Orders issued before July 1, 1999, pursuant to the then-current law,
shall remain valid and shall be given effect as provided in this article.

HISTORY: 1992, c. 412; 1994, c. 956; 1998, cc. 564, 628, 630, 803, 854; 1999, c.
814; 2009, cc. 211, 268, 549, 813, 840; 2010, c. 792; 2017, c. 179.