Act No. 59

Public Acts of 2000

Approved by the Governor

March 29, 2000

Filed with the Secretary of State

March 30, 2000

EFFECTIVE DATE: April 1, 2000

STATE OF MICHIGAN

90TH LEGISLATURE

REGULAR SESSION OF 2000

Introduced by Rep. Reeves

ENROLLED HOUSE BILL No. 5489

AN ACT to amend 1996 PA 193, entitled "An act to provide for the execution of a do-not-resuscitate order for a patient in a setting outside of a hospital, a nursing home, or a mental health facility owned or operated by the department of community health; to provide that certain actions be taken and certain actions not be taken with respect to such an order; to provide for the revocation of a do-not-resuscitate order; to prohibit certain persons and organizations from requiring the execution of such an order as a condition of receiving coverage, benefits, or services; to prohibit certain actions by certain insurers; to exempt certain persons from penalties and liabilities; and to prescribe liabilities," by amending section 2 (MCL 333.1052).

The People of the State of Michigan enact:

Sec. 2. As used in this act:

(a) "Attending physician" means the physician who has primary responsibility for the treatment and care of a declarant.

(b) "Declarant" means a person who has executed a do-not-resuscitate order or on whose behalf a do-not-resuscitate order has been executed as provided in section 3 or 5.

(c) "Do-not-resuscitate order" means a document executed as prescribed in section 3 or 5 directing that, in the event that a patient suffers cessation of both spontaneous respiration and circulation in a setting outside of a hospital, a nursing home, or a mental health facility owned or operated by the department of community health, resuscitation will not be initiated.

(d) "Do-not-resuscitate identification bracelet" or "identification bracelet" means a wrist bracelet that meets the requirements of section 7 and is worn by the declarant while a do-not-resuscitate order is in effect.

(e) "Emergency medical technician" means that term as defined in section 20904 of the public health code, MCL 333.20904.

(f) "Emergency medical technician specialist" means that term as defined in section 20904 of the public health code, MCL 333.20904.

(g) "Hospital" means that term as defined in section 20106 of the public health code, MCL 333.20106.

(h) "Medical first responder" means that term as defined in section 20906 of the public health code, MCL 333.20906.

(i) "Nurse" means a licensed practical nurse or a registered professional nurse as defined in section 17201 of the public health code, MCL 333.17201.

(j) "Order" means a do-not-resuscitate order.

(k) "Organization" means a company, corporation, firm, partnership, association, trust, or other business entity or a governmental agency.

(l) "Paramedic" means that term as defined in section 20908 of the public health code, MCL 333.20908.

(m) "Physician" means an individual licensed to engage in the practice of medicine or the practice of osteopathic medicine and surgery pursuant to article 15 of the public health code, MCL 333.16101 to 333.18838.

(n) "Patient advocate" means an individual designated to make medical treatment decisions for a patient under sections 5506 to 5512 of the estates and protected individuals code, 1998 PA 386, MCL 700.5506 to 700.5512.

(o) "Public health code" means 1978 PA 368, MCL 333.1101 to 333.25211.

(p) "Vital sign" means a pulse or evidence of respiration.

Enacting section 1. This amendatory act takes effect April 1, 2000.

This act is ordered to take immediate effect.

Clerk of the House of Representatives.

Secretary of the Senate.

Approved

Governor.