31-39-5. Cancellation of order not to resuscitate.

An attending physician for whose patient an order not to resuscitate has been issued pursuant to subsection (c), (d), or (e) of Code Section 31-39-4 shall examine that patient at such intervals as determined periodically by the physician to determine whether the patient still qualifies as a candidate for nonresuscitation, unless that order has been canceled or consent thereto revoked as provided in this chapter. That physician shall record such determination in the patient’s medical chart. Failure to comply with this subsection shall not invalidate that order.#

If the order not to resuscitate was entered pursuant to subsection (c), (d), or (e) of Code Section 31-39-4 and the attending physician who issued the order or, if that attending physician is unavailable, another attending physician, at any time determines that the patient no longer qualifies as a candidate for nonresuscitation, the attending physician or the physician’s designee shall immediately include such determination in the patient’s chart, cancel the order, and notify the patient, the person who consented to the order, and all health care facility staff responsible for the patient’s care of the cancellation.#

If an order not to resuscitate was entered pursuant to subsection (c), (d), or (e) of Code Section 31-39-4 and the patient at any time regains decision-making capacity, the attending physician who issued the order or, if that attending physician is unavailable, another attending physician, shall immediately determine if the patient consents to the order not to resuscitate and, if the patient does not so consent, the attending physician or the physician’s designee shall cancel the order by an appropriate entry on the record and notify all health care facility staff responsible for the patient’s care of the cancellation.#