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2018 Georgia Code 31-39-6 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 31-39-6 Case Law from Google Scholar Amendments to OCGA 31-39-6

TITLE 31 HEALTH

Section 39. Cardiopulmonary Resuscitation, 31-39-1 through 31-39-9.

ARTICLE 2 BIOTERRORISM PROTECTION FOR EMERGENCY RESPONDERS

31-39-6. Revocation of consent to order not to resuscitate.

  1. 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.
  2. 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.
  3. 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.

(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.)

The 2011 amendment, effective July 1, 2011, substituted "physician, nurse, physician assistant, caregiver, health care professional, or emergency medical technician" for "physician or a member of the nursing staff at the health care facility, a health care professional, or an emergency medical technician" in subsections (a) and (b); and substituted "nursing staff, or a physician assistant, caregiver, health care professional" for "nursing staff, a health care professional" in the second sentence of subsection (c).

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).

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