O.C.G.A.

O.C.G.A. § 31-39-3 (2019)

Patient presumed to consent to administration of cardiopulmonary resuscitation; patient’s order not to resuscitate; health care facilities not required to expand to provide cardiopulmonary resuscitation

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) Every patient shall be presumed to consent to the administration of cardiopulmonary resuscitation in the event of cardiac or respiratory arrest, unless there is consent or authorization for the issuance of an order not to resuscitate. Such presumption of consent does not presume that every patient shall be administered cardiopulmonary resuscita940 tion, but rather that every patient agrees to its administration unless it is medically futile.

(b) Every adult shall be presumed to have the capacity to make a decision regarding cardiopulmonary resuscitation unless determined otherwise in writing in the patient’s medical record pursuant to this Code section or pursuant to a court order. When an order not to resuscitate is requested by an adult with decision-making capacity, such order shall be presumed, unless revoked pursuant to Code Section 31-39-6, to be the direction of such person regarding resuscitation.

(c) Nothing in this chapter shall require a health care facility, any other facility, or a health care provider to expand its existing equipment and facilities to provide cardiopulmonary resuscitation.

History

Code 1981, § 31-39-3, enacted by Ga. L. 1991, p. 1853, § 1; Ga. L. 1994, p. 672, § 1.

Notes of Decisions

Cited in 1 case, 1992–1992 · leading case: In Re Jane Doe, 418 S.E.2d 3 (Ga. 1992).

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In Re Jane Doe, 418 S.E.2d 3 (Ga. 1992). · cites it 6× “If consent to a DNR order is revoked under the provision of OCGA § 31-39-3 (b), the hospital must follow the statutory presumption that every patient is presumed to consent to resuscitation.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.