2004 Legislation
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SENATE BILL NO. 1418 – Emergency medical srv, DNR protocol

SENATE BILL NO. 1418

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN 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    method of or procedure, approved by  the  board  of  health  and  welfare  and
 40    adopted 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 with the DNR 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 protocols as 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 / Fiscal Impact


                      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