An Act To Ensure the Authority of "Do Not Resuscitate" Orders in Advance Health-care Directives
Maine Legislature, Session 122, LD 1763
Committee: Criminal Justice and Public Safety
Sponsors: BRYANT, DUPLESSIE, HOTHAM, PATRICK
Amends: 32 MRSA §86

Legislative Document 
No. 1763 
S.P.680 
In Senate, December 30, 2005 
An Act To Ensure the Authority of "Do Not Resuscitate" Orders in 
Advance Health-care Directives 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 28,2005. Referred to the Committee 
on Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed 
pursuant to Joint Rule 218. 
Presented by Senator BRYANT of Oxford. 
Cosponsored by Representative BRYANT of Windham and 
JOY J. O'BRIEN 
Secretary of the Senate 
Representatives: DUPLESSIE of Westbrook, HOTHAM of Dixfield, PATRICK of Rumford. 
Printed on recyc led paper 
Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, there are currently discrepancies among emergency 
medical 
responders 
regarding 
the 
treatment 
of 
"do 
not 
resuscitate" orders in advance health-care directives; and 
Whereas, it is 
necessary 
that 
these 
discrepancies 
be 
eliminated as quickly as possible to ensure that the wishes of a 
person, as stated in that person's advance health-care directive, 
be complied with; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 32 MRSA §86, sub-§2-A, as amended by PL 1999, c. 182, 
§11, is further amended to read: 
2-A. 
Treatment to be in accord with regional medical orders 
and directive. 
When 
an 
ambulance service or nontransporting 
emergency medical service is present at an accident or other 
situation in which a person or persons require emergency medical 
treatment, the medical treatment of the patients must be carried 
out in accordance with any rules adopted under this chapter, any 
protocols as defined in section 83, subsection 19 and any verbal 
orders given under the system of delegation established by the 
regional medical director; except that: 
4.6 
A. 
When a patient is already under the supervision of a 
personal 
physician or 
a 
physician's assistant 
or 
nurse 
practitioner supervised by that physician and the physician, 
physician's assistant or nurse practitioner assumes the care 
of 
the 
patient, 
then 
for 
as 
long 
as 
the 
physician, 
physician's assistant or nurse practitioner remains with the 
patient, the patient must be cared for as the physician, 
physician's assistant or nurse practitioner directs. 
The 
emergency medical 
services 
persons 
shall assist to 
the 
extent that their licenses and protocol allow; aRe 
B. 
A patient is not required to accept treatment to which 
the patient does not consentT ~ 
C. 
I f 
a patient has an advance health-care directive, as 
defined in Title 18 A, section 5 801, subsection Ca), that 
Page l-LR2464(1) 
contains an order not to resuscitate that patient, and that 
advance health-care directive is presented to the ambulance 
service or nontransporting emergency medical service, that 
order must be followed. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill requires emergency medical responders to follow an 
order to not resuscitate a patient contained in that patient's 
advance health-care directive.