Health Care DecisionsRequest Regarding Resuscitative Measures
Section § 4780
This California statute explains what a "request regarding resuscitative measures" is, which includes documents like a prehospital ‘do not resuscitate’ (DNR) form or a Physician Orders for Life Sustaining Treatment (POLST) form. These requests guide healthcare providers on how to proceed with resuscitation efforts. They differ from advance health care directives and must be signed by the individual or their legally recognized health care decisionmaker, and their doctor.
If a person cannot make their own decisions, a legal decisionmaker can fill out a POLST form on their behalf. This form must reflect the patient's preferences and is filled out with the assistance of a healthcare provider. Importantly, patients can revoke the POLST form at any time if they have the capacity to do so. Additionally, a medallion with DNR information is also recognized as a valid form of request.
Section § 4781
This law section defines who counts as a “health care provider” for legal purposes. It includes individuals specified in another law, Section 4621, and emergency response employees like firefighters, police officers, EMTs, paramedics, and members of organized volunteer groups. These individuals must be trained according to certain regulations to qualify as health care providers.
Section § 4781.2
This law explains how health care providers should follow a POLST (Physician Orders for Life Sustaining Treatment) form. Health care providers must follow this unless it leads to care that is ineffective or against accepted medical standards. Doctors can evaluate a patient's condition and possibly update the orders in consultation with the patient or their legal decisionmaker. If a patient lacks the ability to make their own decisions, their legal decisionmaker must discuss changes with the current treating doctor before altering the POLST form. Patients who can make their own decisions can ask for different treatments at any time.
Section § 4781.4
If a person's wishes about resuscitation conflict with their own prior health care directions, the most recent set of instructions or orders will be followed.
Section § 4781.5
This law states that the person who is legally authorized to make health care decisions for someone else must follow the guidelines set out in Sections 4684 and 4714 when doing so.
Section § 4782
If a healthcare provider follows a request about resuscitation, they won't face legal trouble as long as they honestly think they're acting correctly and don't know if the patient would've chosen differently if they could decide for themselves.
Section § 4783
This California statute states that any forms created after January 1, 1995, for making decisions about resuscitative measures, such as CPR, must include a section confirming that the form aligns with the person's wishes and best interests. The form is considered valid if it is signed by either the person or their authorized health care decision-maker, as well as a doctor, if it provides directions to health care providers about resuscitative treatments, and if it meets all other requirements outlined in this section.
Section § 4784
This law says that if a health care provider doesn't have any reason to think otherwise, they can assume that instructions about resuscitation, like whether to perform CPR, are still valid and haven't been canceled.
Section § 4785
This law states that the rules about resuscitation preferences apply no matter where a person is, whether inside a hospital or somewhere else.