SB138 Summary

• Authorizes health care providers to follow portable do not attempt resuscitation (DNAR) orders entered in medical records by physicians, even if the patient becomes incapacitated and unable to direct their own medical treatment.

• Defines "portable physician DNAR order" as a physician's order using the required form designated by the State Board of Health with all sections completed, recognizing various phrasings including "do not resuscitate," "DNR," "DNAR," and "allow natural death."

• Requires a DNAR order to be entered with the patient's consent if competent, or per an advance directive, health care proxy, surrogate decision-maker, or attorney-in-fact under durable power of attorney if the patient is incompetent.

• Provides liability protection for health care providers acting in good faith under reasonable medical standards when following portable DNAR orders, and permits providers to refuse compliance while facilitating patient transfer to willing providers.

• Establishes criminal penalties: Class A misdemeanor for concealing, damaging, or forging DNAR orders or advance directives; Class C felony for falsifying documents with intent to cause withholding of treatment contrary to patient wishes.