W. Va. Code R. § 64-101-1

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 64-101-1 - General

1.1. Scope. - This interpretive rule is intended to give direction to emergency medical services (EMS) personnel and agencies in the performance of cardiopulmonary resuscitation and level of medical intervention when a Do Not Resuscitate order or Physician Orders for Scope of Treatment form is located on the e-Directive registry.

1.2. Authority. - The Bureau for Public Health promulgating this interpretive rule pursuant to the provisions of W. Va. Code §§ 29A-3-1et. seq.

1.3. Filing Date. -

1.4. Effective Date. -

1.5. Summary. - The Bureau for Public Health is promulgating this interpretive rule to set forth the Bureau's interpretation of the provisions of W.Va. Code §§ 16-30-10, 13 &25 and 16-30C-5 & 7 and the applicability of advance directives and medical orders (do not resuscitate or Physician Orders for Scope of Treatment (POST)) electronically stored in the e-Directive Registry. The Bureau interprets the provisions of W.Va. Code §§ 16-30-10, 13 &25 and 16-30C-5 & 7, that require emergency medical services personnel to comply with advance directives and medical orders contained in a do-not-resuscitate order or POST form, to also include information accessed from a do-not-resuscitate order or POST form electronically stored on the e-Directive Registry, and communicated to emergency medical services personnel by a Medical Command Center during on-line medical direction.

1.6 Applicability. - This interpretive rule is intended by Bureau for Public Health to provide information or guidance to the public regarding the agency's interpretation of the provisions of the West Virginia Health Care Decisions Act (W. VA Code §§ 16-30-1et. seq.), specifically §§ 16-30-10, 13 &25, and the Do Not Resuscitate Act (W.Va. Code §§ 16-30C-1 et. seq.), specifically W. Va. Code §§ 16-30C-5 & 7.

1.7. Purpose. - It is the purpose of this interpretive rule to ensure that the right of a person to self-determination relating to CPR and level of medical intervention is protected. This interpretive rule is intended to give direction to emergency medical services personnel in the performance of CPR and level of medical intervention when a DNR order or Physician Orders for Scope of Treatment form is located on the e-Directive registry. This interpretive rule is intended only to provide information or guidance to the public regarding the agency's interpretations, policy or opinions on the provisions of the West Virginia Health Care Decisions Act (W. VA Code §§ 16-30-1et. seq., specifically §§ 16-30-10, 13 &25) and Do Not Resuscitate Act (W.Va. Code §§ 16-30C-1et. seq), specifically W.Va. Code §§ 16-30C-5 & 7, and is not intended to be determinative of any issue affecting constitutional, statutory or common law rights, privileges or interests.

W. Va. Code R. § 64-101-1