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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 - 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
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