CHAPTER 169
S.P. 680 - L.D. 1763
Resolve, Concerning the Authority of "Do Not Resuscitate" Directives
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, current protocols applicable to emergency medical responders regarding the treatment of "do not resuscitate" orders require physicians' orders; and
Whereas, it is necessary that the protocols be revised as quickly as possible to ensure that the informed wishes of a person, as stated in that person's 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
Sec. 1. Maine Emergency Medical Services protocols. Resolved: That the Medical Direction and Practices Board, as defined in the Maine Revised Statutes, Title 32, section 83, subsection 16-B, shall adopt changes in the Maine Emergency Medical Services protocols to affirmatively recognize the authority of an individual to execute an individual instruction refusing resuscitation that will be honored by emergency medical services providers, as long as the individual instruction provides satisfactory evidence of informed consent. In adopting the proposed changes, the board shall ensure that the new protocols will result in forms for refusing resuscitation that are clear and can be made immediately available to emergency medical services providers; and be it further
Sec. 2. Report. Resolved: That the Director of Maine Emergency Medical Services within the Department of Public Safety, in consultation with interested parties, shall report by January 15, 2007 to the joint standing committee of the Legislature having jurisdiction over judiciary matters on the following:
1. Changes in the Maine Emergency Medical protocols pursuant to section 1;
2. Instructions and forms developed to implement and complement the protocols;
3. Existing and planned educational initiatives; and
4. Any recommended legislation; and be it further
Sec. 3. Legislation. Resolved: That the joint standing committee of the Legislature having jurisdiction over judiciary matters may report out legislation to the 123rd Legislature concerning advance health-care directives and "do not resuscitate" decisions.
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective April 7, 2006.
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