CHAPTER 34-12F
CARDIOPULMONARY RESUSCITATION DIRECTIVES
34-12F-1
Definitions.
34-12F-2
Execution of EMS cardiopulmonary resuscitation directive.
34-12F-3
Implementation of directive by emergency medical personnel--Rules--Construction
of section.
34-12F-4
Emergency medical service personnel and health care providers and facilities--Compliance with directive required--Immunity from civil and criminal liability and
discipline for unprofessional conduct.
34-12F-5
Effect of compliance with directive on criminal prosecution of person otherwise
criminally charged.
34-12F-6
Directive for person admitted to health care facility--Implementation as physician's
order.
34-12F-7
Directive or failure to execute directive--Effect on annuity or insurance.
34-12F-8
Revocation of directive.
34-12F-1 Definitions.
34-12F-1.
Definitions.
Terms used in this chapter mean:
(1)
"Cardiopulmonary resuscitation," measures to restore cardiac function or to support
breathing in the event of respiratory or cardiac arrest or malfunction. Cardiopulmonary
resuscitation includes chest compression, delivering electric shock to the chest, or manual
or mechanical methods to assist breathing;
(2)
"EMS cardiopulmonary resuscitation directive," an advance medical directive pertaining
to the administration of cardiopulmonary resuscitation, which is a medical order based on
informed consent, signed by or on behalf of an individual and a physician, a physician
assistant, or a nurse practitioner, directing emergency medical services personnel to not
perform resuscitative measures in the event of respiratory or cardiac arrest or malfunction;
(3)
"Emergency medical service personnel," any emergency medical technician at any level
as defined in § 36-4B-1;
(4)
"Informed consent," consent voluntarily, knowingly, and competently given without any
element of force, fraud, deceit, duress, threat, or other form of coercion after explanation
by a physician, physician' s assistant, or nurse practitioner of any information that a
reasonable person would consider significant to the decision in a manner reasonably
comprehensible to general lay understanding.
Source: SL 2004, ch 226, § 1; SL 2005, ch 183, § 1.
34-12F-2 Execution of EMS cardiopulmonary resuscitation directive.
34-12F-2.
Execution of EMS cardiopulmonary resuscitation directive.
Any adult who has the
decisional capacity to provide informed consent to, or refusal of, medical treatment, or any other
person who is, pursuant to § 34-12C-2 or 59-7-2.5 or other laws of this state, authorized to make
medical treatment decisions on behalf of a person who lacks such decisional capacity, may execute
an EMS cardiopulmonary resuscitation directive.
Source: SL 2004, ch 226, § 2; SL 2005, ch 183, § 2.
34-12F-3 Implementation of directive by emergency medical personnel--Rules--Construction of section...
34-12F-3.
Implementation of directive by emergency medical personnel--Rules--Construction
of section.
The Department of Public Safety may promulgate rules, pursuant to chapter 1-26, for the
implementation of EMS cardiopulmonary resuscitation directives by emergency medical personnel.
Any such rules shall include protocols for uniform methods for rapid identification of persons,
including a unique, immediately recognizable bracelet to be worn for immediate identification of
persons who have executed an EMS cardiopulmonary resuscitation directive, controlled distribution
of the methods of identifying such persons, and any other pertinent information. Nothing in this
section may be construed to restrict any other manner in which a person may make a
cardiopulmonary resuscitation directive.
Source: SL 2004, ch 226, § 3; SL 2005, ch 183, § 3.
34-12F-4 Emergency medical service personnel and health care providers and facilities--Compliance w...
34-12F-4.
Emergency medical service personnel and health care providers and facilities--Compliance with directive required--Immunity from civil and criminal liability and discipline for
unprofessional conduct.
Any emergency medical service personnel, health care provider, and health
care facility shall comply with a person's EMS cardiopulmonary resuscitation directive that is
apparent and immediately available. Any emergency medical service personnel, health care provider,
health care facility, or any other person who, in good faith, complies with an EMS cardiopulmonary
resuscitation directive which is perceived to be valid is not subject to civil or criminal liability or to
discipline for unprofessional conduct.
Source: SL 2004, ch 226, § 4; SL 2005, ch 183, § 4.
34-12F-5 Effect of compliance with directive on criminal prosecution of person otherwise criminally...
34-12F-5.
Effect of compliance with directive on criminal prosecution of person otherwise
criminally charged.
Compliance by any emergency medical service personnel, health care provider,
or health care facility with an EMS cardiopulmonary resuscitation directive does not affect the
criminal prosecution of any person otherwise charged with the commission of a criminal act.
Source: SL 2004, ch 226, § 5; SL 2005, ch 183, § 5.
34-12F-6 Directive for person admitted to health care facility--Implementation as physician's order...
34-12F-6.
Directive for person admitted to health care facility--Implementation as physician's
order.
An EMS cardiopulmonary resuscitation directive for any person who is admitted to a health
care facility shall be implemented as a physician's order concerning resuscitation as directed in the
EMS cardiopulmonary resuscitation directive, pending any further order by a physician.
Source: SL 2004, ch 226, § 6; SL 2005, ch 183, § 6.
34-12F-7 Directive or failure to execute directive--Effect on annuity or insurance.
34-12F-7.
Directive or failure to execute directive--Effect on annuity or insurance.
Neither
an EMS cardiopulmonary resuscitation directive nor the failure of a person to execute one affects,
impairs, or modifies any contract of life or health insurance or annuity or constitutes the basis for any
delay in issuing or refusing to issue an annuity or policy of life or health insurance or any increase
of a premium therefor.
Source: SL 2004, ch 226, § 7; SL 2005, ch 183, § 7.
34-12F-8 Revocation of directive.
34-12F-8.
Revocation of directive.
An EMS cardiopulmonary resuscitation directive may be
revoked at any time by the person who is the subject of the directive or by any other person who is,
pursuant to the laws of this state or any other state, authorized to make medical treatment decisions
on behalf of the person who is the subject of the directive.
Source: SL 2004, ch 226, § 8; SL 2005, ch 183, § 8.
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