Current through all regulations passed and filed through September 16, 2024
(A) Persons with DNR identification.
(1) None of the persons listed in paragraph
(A)(2) of this rule are subject to any of the following arising out of or
relating to the withholding or withdrawal of CPR from a person after DNR
identification is discovered in the person's possession and reasonable efforts
have been made to determine that the person in possession of the DNR
identification is the person named on the DNR identification:
(a) Criminal prosecution;
(b) Liability in damages in a tort or other
civil action for injury, death, or loss to person or property; or
(c) Professional disciplinary
action.
(2) The immunity
described in paragraph (A)(1) of this rule attaches to the following persons:
(a)
An authorized health care provider,
who causes the withholding or withdrawal of CPR from the person possessing the
DNR identification;
(b) A person
who participates under the direction of or with the authorization of
an
authorized health care provider, in the withholding or withdrawal of CPR
from the person possessing the DNR identification; or
(c) Any emergency medical services personnel
who cause or participate in the withholding or withdrawal of CPR from the
person possessing the DNR identification.
(3) Paragraph (A) of this rule does not apply
when CPR is withheld or withdrawn from a person who possesses DNR
identification or for whom a do-not-resuscitate order has been issued unless
the withholding or withdrawal is in accordance with the do-not-resuscitate
protocol.
(B) Persons in
health care facilities.
(1) None of the
persons listed in paragraph (B)(2) of this rule are subject to any of the
following arising out of or relating to the withholding or withdrawal of CPR
from a person in a health care facility after DNR identification is discovered
in the person's possession and reasonable efforts have been made to determine
that the person in possession of the DNR identification is the person named on
the DNR identification or a do-not-resuscitate order is issued for the person:
(a) Criminal prosecution;
(b) Liability in damages in a tort or other
civil action for injury, death, or loss to person or property; or
(c) Professional disciplinary
action.
(2) The immunity
described in paragraph (B)(1) of this rule attaches to the following persons:
(a) The health care facility or the
administrator of the health care facility;
(b)
An authorized health care provider,
who causes the withholding or withdrawal of CPR from the person possessing the
DNR identification or for whom the do-not-resuscitate order has been
issued;
(c) Any person who works
for the health care facility as an employee, contractor, or volunteer and who
participates under the direction of or with the authorization of
,
an authorized health care
provider, in the withholding or withdrawal of CPR from the person
possessing the DNR identification;
(d)
Any person who works for the health care facility as an employee, contractor,
or volunteer and who participates under the direction of or with the
authorization of an
authorized health care provider, in the withholding or withdrawal of CPR
from the person for whom the do-not-resuscitate order has been issued; and
(e)
Any emergency
medical services personnel who cause or participate in the withholding or
withdrawal of CPR from the person possessing the DNR
identification.
(3) Paragraph (B) of this rule does not apply
when CPR is withheld or withdrawn from a person who possesses DNR
identification or for whom a do-not-resuscitate order has been issued unless
the withholding or withdrawal is in accordance with the do-not-resuscitate
protocol.
(C) For the
purposes of paragraphs (A) and (B) of this rule, information that may be used
to determine if the person in possession of DNR identification is the person
named on the DNR identification include but are not limited to the following:
(1) Verification of the person's identity by
the person or a family member, friend, or caregiver;
(2) Personal knowledge of the person by the
emergency medical services personnel, physician,
APRN,
PA , or person
working for a health care facility;
(3) Health care facility identification
band;
(4) Driver's
license;
(5) Passport; or
(6) Other identification bearing the person's
name and photograph.
(D)
Request for CPR by person with DNR identification. If, after DNR identification
is discovered in the possession of a person, the person makes an oral or
written request to receive CPR, any person who provides CPR pursuant to the
request, any health care facility in which CPR is provided, and the
administrator of any health care facility in which CPR is provided are not
subject to any of the following:
(1) Criminal
prosecution as a result of the provision of the CPR;
(2) Liability in damages in a tort or other
civil action for injury, death, or loss to person or property that arises out
of or is related to the provision of the CPR; or
(3) Professional disciplinary action as a
result of the provision of the CPR.
(E) Do-not-resuscitate orders.
(1) None of the persons listed in paragraph
(E)(2) of this rule who comply with a do-not-resuscitate order issued by
an authorized health care
providerare
subject to any of the following:
(a) Liability
in damages in a civil action for injury, death, or loss to person or property
that arises out of or is related to compliance with the order;
(b) Criminal prosecution as a result of
compliance with the order; or
(c)
Professional disciplinary action as a result of compliance with the
order.
(2) The immunity
described in paragraph (E)(1) of this rule attaches to the following persons:
(a) Any emergency medical services personnel
who comply with a do-not-resuscitate order issued by an authorized health
care provider; and
(b) Any
individuals who work for a health care facility as employees, contractors, or
volunteers and who comply with a do-not-resuscitate order issued by
an
authorized health care provider.
(3) Paragraph (E) of this rule does not apply
when CPR is withheld or withdrawn from a person who possesses DNR
identification or for whom a do-not-resuscitate order has been issued unless
the withholding or withdrawal is in accordance with the do-not-resuscitate
protocol.
(F) Emergency
situations.
(1) In an emergency situation,
emergency medical services personnel and emergency department personnel are not
required to search a person to determine if the person possesses DNR
identification.
(2) If a person
possesses DNR identification, if emergency medical services personnel or
emergency department personnel provide CPR to the person in an emergency
situation, and if, at that time, the personnel do not know and do not have
reasonable cause to believe that the person possesses DNR identification, the
emergency medical services personnel and emergency department personnel are not
subject to any of the following:
(a) Criminal
prosecution as a result of the provision of the CPR;
(b) Liability in damages in a tort or other
civil action for injury, death, or loss to person or property that arises out
of or is related to the provision of the CPR; or
(c) Professional disciplinary action as a
result of the provision of the CPR.
(G) Nothing in sections
2133.21 to
2133.26 of the Revised Code,
this rule, or the do-not-resuscitate protocol grants immunity to
an
authorized health care provider for
issuing a do-not-resuscitate order that is contrary to reasonable medical
standards or that the authorized
health care provider knows or has
reason to know is contrary to the wishes of the patient or of a person who is
lawfully authorized to make informed medical decisions on the patient's
behalf.
(H) Pursuant to paragraphs
(B) and (C) of rule
3701-62-13 of the Administrative
Code, neither paragraph (G) of this rule nor any other provision of this
chapter requires provision of CPR to a person if, in the judgment of the
authorized health care provider, CPR would be futile,
or if the person or another person lawfully authorized to make decisions on
behalf of the person declines CPR.
