HB40 Summary

• Authorizes health care providers to follow a physician's do not attempt resuscitation (DNAR) order entered in a patient's medical record anywhere in the state, even if the patient becomes incapacitated and unable to direct their own medical care.

• Defines "portable physician DNAR order" as a DNAR order using a required form designated by the State Board of Health and completed in all sections, making it valid across different health care settings and locations.

• Provides legal protection for health care providers who in good faith issue or follow portable DNAR orders in accordance with reasonable medical standards, shielding them from criminal or civil liability.

• Establishes criminal penalties: Class A misdemeanor for willfully concealing, damaging, or falsifying advance directives or DNAR orders; Class C felony for falsifying orders with intent to cause withholding of treatment that hastens death.

• Grants the State Board of Health authority to adopt the portable DNAR form and both boards authority to adopt implementing rules, with the Board of Medical Examiners having exclusive authority over physician-related rules.