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S1418................................................by JUDICIARY AND RULES DNR PROTOCOL - Amends existing law to revise the definitions of "do not resuscitate protocol" and "health care provider"; to provide that emergency medical services personnel shall comply with DNR protocol when presented with either DNR identification or, upon transfer, a written DNR order issued directly by the attending physician and shall provide comfort care to the person; and to revise the Department of Health and Welfare's rulemaking authority as it pertains to emergency medical services personnel. 03/01 Senate intro - 1st rdg - to printing 03/02 Rpt prt - to Health/Wel 03/04 Rpt out - rec d/p - to 2nd rdg 03/05 2nd rdg - to 3rd rdg 03/09 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Bunderson Title apvd - to House 03/10 House intro - 1st rdg - to Health/Wel 03/17 Rpt out - rec d/p - to 2nd rdg 03/18 2nd rdg - to 3rd rdg 03/19 3rd rdg - PASSED - 64-0-6 AYES -- Andersen, Barraclough, Barrett, Bayer, Bell, Black, Block, Boe, Bolz, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Bauer, Bedke, Bradford, Kellogg, Moyle, Trail Floor Sponsor - Ring Title apvd - to Senate 03/19 To enrol 03/20 Rpt enrol - Pres signed - Sp signed 03/22 To Governor 03/23 Governor signed Session Law Chapter 228 Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE SENATE SENATE BILL NO. 1418 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE DEPARTMENT OF HEALTH AND WELFARE; AMENDING SECTION 56-1021, 3 IDAHO CODE, TO REVISE THE DEFINITIONS OF "DO NOT RESUSCITATE PROTOCOL" AND 4 "HEALTH CARE PROVIDER"; AMENDING SECTION 56-1026, IDAHO CODE, TO PROVIDE 5 THAT EMERGENCY MEDICAL SERVICES PERSONNEL SHALL COMPLY WITH DNR PROTOCOL 6 WHEN PRESENTED WITH EITHER DNR IDENTIFICATION OR, UPON TRANSFER, A WRITTEN 7 DNR ORDER ISSUED DIRECTLY BY THE ATTENDING PHYSICIAN AND SHALL PROVIDE 8 COMFORT CARE TO THE PERSON; AND AMENDING SECTION 56-1035, IDAHO CODE, TO 9 REVISE THE DEPARTMENT'S RULEMAKING AUTHORITY AS IT PERTAINS TO EMERGENCY 10 MEDICAL SERVICES PERSONNEL. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 56-1021, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 56-1021. DEFINITIONS. As used in sections 56-1020 through 56-1035, Idaho 15 Code: 16 (1) "Attending physician" means the physician who has primary responsi- 17 bility for the treatment and care of the patient, including the physician 18 responsible for monitoring and directing the activities of emergency medical 19 services personnel. 20 (2) "Cardiopulmonary resuscitation" or "CPR" means measures to restore 21 cardiac function or to support breathing in the event of cardiac or respira- 22 tory arrest or malfunction. "CPR" includes, but is not limited to, chest com- 23 pression, delivering electric shock to the chest, or placing tubes in the air- 24 way to assist breathing. 25 (3) "Comfort care" means treatment given in an attempt to protect and 26 enhance quality of life without artificially prolonging that life. 27 (4) "Decisional capacity" means the ability to provide informed consent 28 to or refusal of medical treatment. 29 (5) "Department" means the department of health and welfare. 30 (6) "Do not resuscitate identification" or "DNR identification" means a 31 standardized form of identification approved by the department, that signifies 32 that the possessor has a DNR order that has not been revoked or that the 33 possessor's attending physician has issued a DNR order for the possessor and 34 has documented the order in the possessor's medical file. 35 (7) "Do not resuscitate order" or "DNR order" means a documented direc- 36 tive from a licensed physician that emergency life-sustaining procedures 37 should not be administered to a particular person. 38 (8) "Do not resuscitate protocol" or "DNR protocol" means a standardized 39 methodofor procedure, approved by the board of health and welfare and40adopted in the rules of the department,for the withholding of emergency life- 41 sustaining procedures by physicians and emergency medical services personnel. 42 (9) "Emergency medical services personnel" means the personnel of a ser- 43 vice engaged in providing initial emergency medical assistance including, but 2 1 not limited to, first responders, emergency medical technicians, advanced 2 emergency medical technicians, and paramedics. 3 (10) "Health care provider" or "provider" means any person licensed, cer- 4 tified, or otherwise authorized by law to administer health care in the ordi- 5 nary course of business or practice of a profession, including emergency and 6 other medical personnel. 7 (11) "Life-sustaining procedure" means cardiopulmonary resuscitation or a 8 component of cardiopulmonary resuscitation. 9 (12) "Terminal condition" means an incurable or irreversible condition 10 that, without the administration of life-sustaining procedures, will, in the 11 opinion of the attending physician, result in death within a relatively short 12 time. 13 SECTION 2. That Section 56-1026, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 56-1026. ADHERENCE TO DNR PROTOCOL. (1) Emergency medical services per- 16 sonnel shall comply withtheDNR protocol when presented with either DNR iden- 17 tification, or, upon transfer, a written DNR order issued directly by the 18 attending physician and shall provide comfort care to the person. 19 (2) An attending physician shall take all reasonable steps to comply with 20 the intent of the DNR identification. 21 SECTION 3. That Section 56-1035, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 56-1035. RULEMAKING AUTHORITY. (1) The department shall adopt only those 24 rules necessary to administer the provisions of sections 56-1020 through 25 56-1035, Idaho Code,including appropriate protocolsas utilized by emergency 26 medical services personnel. 27 (2)Upon the adoption of a DNR protocol, tThe department shall adopt a 28 standard form of DNR identification to be used by emergency medical services 29 personnel statewide.
STATEMENT OF PURPOSE RS 14194 To amend the statutory language to broaden the use of "do not resuscitate orders" and DNR protocols beyond emergency medical services personnel and to clarify the Department of Health and Welfare's role and rule making authority in the section. FISCAL IMPACT This bill will have no fiscal impact. Contact Name: Bill Von Tagen Agency: Intergovernmental & Fiscal Law Division Phone: 334-4140 STATEMENT OF PURPOSE/FISCAL NOTE S 1418