O.C.G.A.

O.C.G.A. § 31-39-6 (2019)

Revocation of consent to order not to resuscitate

✓ 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.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

(a) A patient may, at any time, revoke his or her consent to an order not to resuscitate by making either a written or an oral declaration or by any other act evidencing a specific intent to revoke such consent which is communicated to or in the presence of an attending physician, nurse, physician assistant, caregiver, health care professional, or emergency medical technician.

(b) Any parent or authorized person may at any time revoke his or her consent to an order not to resuscitate a patient by making either a written or an oral declaration or by any other act evidencing a specific intent to revoke such consent which is communicated to or in the presence of an attending physician, nurse, physician assistant, caregiver, health care professional, or emergency medical technician.

(c) Any physician who is informed of or provided with a revocation of consent pursuant to this Code section shall, either by himself or herself or by designee, immediately include the revocation in the patient’s chart, cancel the order, and notify any health care facility staff responsible for the patient’s care of the revocation and cancellation. Any member of the nursing staff, or a physician assistant, caregiver, health care professional, or emergency medical technician who is informed of or provided with a revocation of consent pursuant to this Code section shall immediately notify a physician of such revocation.

History

Code 1981, § 31-39-6, enacted by Ga. L. 1991, p. 1853, § 1; Ga. L.

1994, p. 672, § 1; Ga. L. 1995, p. 722, § 4; Ga. L. 2011, p. 379, § 3/HB 275.

Annotations

JUDICIAL DECISIONS Parental consent to a DNR order. - O.C.G.A. § 31-39-6 allows ‘‘any parent’’ to revoke consent to an order not to resuscitate. The result is as follows: one parent may consent. If there is no second parent, if the other parent is not present, or if the other parent simply prefers not to participate in the decision, the consent of one

parent to a DNR order is legally sufficient under the statute. However, if there is a second custodial parent who disagrees with the decision to forego cardiopulmonary resuscitation, the second parent may revoke consent under the terms of subsection (b) of O.C.G.A. § 31-39-6. In re Doe, 262 Ga. 389, 418 S.E.2d 3 (1992).

Notes of Decisions
Cited in 2 cases, 1992–1996 · leading case: In Re Jane Doe, 418 S.E.2d 3 (Ga. 1992).
In Re Jane Doe, 418 S.E.2d 3 (Ga. 1992). · cites it 10× “OCGA § 31-39-6 allows "any parent" to revoke consent to an order not to resuscitate.”
Edwards v. Shumate, 468 S.E.2d 23 (Ga. 1996). · cites it 2× “Such an order shall remain effective, whether or not the patient is receiving treatment from or is a resident of a health care facility, until the order is canceled as provided in Code Section 31-39-5 or until consent for such order is revoked as provided in Code Section…”
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.