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Do Not Resuscitate Orders
A 1996 law (Public Act 193 of 1996) authorizes Michigan residents to execute orders instructing primarily Emergency Medical Technicians (EMTs) not to resuscitate them if their heart or respiratory functions stop working. This law responds to the concerns of persons in the latter stages of a serious or terminal illness who have chosen to live out their final days at home or in a hospice.
The current legal procedures followed byEMTs requires them to attempt to revive a person when called to the home site, even though family members or caretakers may know that resuscitation is not the desire of the person who has stopped breathing. While hospitals and many nursing homes have developed policies and procedures for honoring do-not-resuscitate requests, no such system has evolved for persons outside of a health facility.
This new law allows a person to execute a "do-not-resuscitate" order directing that, in the event the patient stops both spontaneous respiration and circulation in a setting outside of a hospital or nursing home, there shall be no resuscitation. A person at least 18 years old, of sound mind, may execute such an order on his or her behalf. If a person is incompetent, a patient advocate (a person named in a written durable power of attorney for health care) may execute an order on his or her behalf.
There are certain procedures that must be followed to have a valid order. The order must be executed voluntarily, be dated and be signed by the person, his or her attending physician, and two witnesses who are at least 18 years old and not a close relative or heir of the person signing the form. Other technical conditions must also be met.
The executed order must be kept by the person signing it so that it can be produced when needed. As an alternative, a "do-not-resuscitate" bracelet may worn on the person's wrist. The bracelet must possess certain specified features which make it clearly recognizable as a do-not-resuscitate ID bracelet, including the name and address of the owner and the name and telephone number of the attending physician, if any. The order may be revoked at any time by the person who made it, or by her or his patient advocate.
A person who belongs to a church whose members rely on spiritual means alone for healing may execute an order without the signature of an attending physician. Additional technical provisions, waiver of liability and related details are contained in other sections of the Act.
This summary is intended as a source of general information. If you have questions or desire additional information, please contact Ryan M. Wilson at (517) 377-0897 or rwilson@fraserlawfirm.com.