| | Emergency preamble. Whereas, acts of the Legislature do not become | effective until 90 days after adjournment unless enacted as | emergencies; and |
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| | Whereas, there are currently discrepancies among emergency | medical responders regarding the treatment of "do not | resuscitate" orders in advance health-care directives; and |
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| | Whereas, it is necessary that these discrepancies be eliminated | as quickly as possible to ensure that the wishes of a person, as | stated in that person's advance health-care directive, be | complied with; and |
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| | Whereas, in the judgment of the Legislature, these facts create | an emergency within the meaning of the Constitution of Maine and | require the following legislation as immediately necessary for | the preservation of the public peace, health and safety; now, | therefore, |
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| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 32 MRSA §86, sub-§2-A, as amended by PL 1999, c. 182, §11, is | further amended to read: |
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| | 2-A. Treatment to be in accord with regional medical orders | and directive. When an ambulance service or nontransporting | emergency medical service is present at an accident or other | situation in which a person or persons require emergency medical | treatment, the medical treatment of the patients must be carried | out in accordance with any rules adopted under this chapter, any | protocols as defined in section 83, subsection 19 and any verbal | orders given under the system of delegation established by the | regional medical director; except that: |
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| A. When a patient is already under the supervision of a | personal physician or a physician's assistant or nurse | practitioner supervised by that physician and the physician, | physician's assistant or nurse practitioner assumes the care | of the patient, then for as long as the physician, | physician's assistant or nurse practitioner remains with the | patient, the patient must be cared for as the physician, | physician's assistant or nurse practitioner directs. The | emergency medical services persons shall assist to the | extent that their licenses and protocol allow; and |
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| B. A patient is not required to accept treatment to which | the patient does not consent. ; and |
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| C.__If a patient has an advance health-care directive, as defined | in Title 18-A, section 5-801, subsection (a), that |
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