LD 1763
pg. 1
LD 1763 Title Page An Act To Ensure the Authority of "Do Not Resuscitate" Orders in Advance Health... Page 2 of 2
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LR 2464
Item 1

 
Emergency preamble. Whereas, acts of the Legislature do not become
effective until 90 days after adjournment unless enacted as
emergencies; and

 
Whereas, there are currently discrepancies among emergency
medical responders regarding the treatment of "do not
resuscitate" orders in advance health-care directives; and

 
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

 
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,

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 32 MRSA §86, sub-§2-A, as amended by PL 1999, c. 182, §11, is
further amended to read:

 
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:

 
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

 
B. A patient is not required to accept treatment to which
the patient does not consent. ; and

 
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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