reglab/housing_qa huggingface dataset:
WV Code § 16-30-9 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 30. West Virginia Health Care Decisions Act|§16-30-9. Medical Power of Attorney Representative and Health Care Surrogate Decision-Making Standards

(a) General standards.The medical power of attorney representative or the health care surrogate shall make health care decisions:(1) In accordance with the person's wishes, including religious and moral beliefs; or(2) In accordance with the person's best interests if these wishes are not reasonably known and cannot with reasonable diligence be ascertained; and(3) Which reflect the values of the person, including the person's religious and moral beliefs, to the extent they are reasonably known or can with reasonable diligence be ascertained.(b) Assessment of best interests.An assessment of the person's best interests shall include consideration of the person's medical condition, prognosis, the dignity and uniqueness of every person, the possibility and extent of preserving the person's life, the possibility of preserving, improving or restoring the person's functioning, the possibility of relieving the person's suffering, the balance of the burdens to the benefits of the proposed treatment or intervention and such other concerns and values as a reasonable individual in the person's circumstances would wish to consider.
WV Code § 16-30-10 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 30. West Virginia Health Care Decisions Act|§16-30-10. Reliance on Authority of Living Will, Physician Orders for Scope of Treatment Form, Medical Power of Attorney Representative or Surrogate Decisionmaker and Protection of Health Care Providers

(a) A physician, licensed health care professional, health care facility or employee thereof shall not be subject to criminal or civil liability for good-faith compliance with or reliance upon the directions of the medical power of attorney representative in accordance with this article.(b) A health care provider shall not be subject to civil or criminal liability for surrogate selection or good faith compliance and reliance upon the directions of the surrogate in accordance with the provisions of this article.(c) A health care provider, health care facility or employee thereof shall not be subject to criminal or civil liability for good-faith compliance with or reliance upon the orders in a physician orders for scope of treatment form.(d) No health care provider or employee thereof who in good faith and pursuant to reasonable medical standards causes or participates in the withholding or withdrawing of life-prolonging intervention from a person pursuant to a living will made in accordance with this article shall, as a result thereof, be subject to criminal or civil liability.(e) An attending physician who cannot comply with the living will or medical power of attorney of a principal pursuant to this article shall, in conjunction with the medical power of attorney representative, health care surrogate or other responsible person, effect the transfer of the principal to another physician who will honor the living will or medical power of attorney of the principal. Transfer under these circumstances does not constitute abandonment.
WV Code § 16-30-11 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 30. West Virginia Health Care Decisions Act|§16-30-11. Negligence

Nothing in this article shall be deemed to protect a provider from liability for the provider's own negligence in the performance of the provider's duties or in carrying out any instructions of the medical power of attorney representative or surrogate. Nothing in this article shall be deemed to alter the law of negligence as it applies to the acts of any medical power of attorney representative or surrogate or provider, and nothing herein shall be interpreted as establishing a standard of care for health care providers for purposes of the law of negligence.
WV Code § 16-30-12 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 30. West Virginia Health Care Decisions Act|§16-30-12. Conscience Objections

(a) Health care facilities. -– Nothing in this article shall be construed to require a health care facility to change published policy of the health care facility that is expressly based on sincerely held religious beliefs or sincerely held moral convictions central to the facility's operating principles.(b) Health care providers. -– Nothing in this article shall be construed to require an individual health care provider to honor a health care decision made pursuant to this article if:(1) The decision is contrary to the individual provider's sincerely held religious beliefs or sincerely held moral convictions; and(2) The individual health care provider promptly informs the person who made the decision and the health care facility of his or her refusal to honor the decision. In such event, the medical power of attorney representative or surrogate decision maker shall have responsibility for arranging the transfer of the person to another health care provider. The individual health care provider shall cooperate in facilitating such transfer, and a transfer under these circumstances shall not constitute abandonment.
WV Code § 16-30-14 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 30. West Virginia Health Care Decisions Act|§16-30-14. Insurance

(a) No policy of life insurance or annuity or other type of contract that is conditioned on the life or death of the person, shall be legally impaired or invalidated in any manner by the withholding or withdrawal of life-prolonging intervention from a person in accordance with the provisions of this article, notwithstanding any terms of the policy to the contrary.(b) The withholding or withdrawal of life-prolonging intervention from a principal in accordance with the provisions of this article does not, for any purpose, constitute a suicide and does not constitute the crime of assisting suicide.(c) The making of a living will or medical power of attorney pursuant to this article does not affect in any manner the sale, procurement or issuance of any insurance policy nor does it modify the terms of an existing policy.(d) No health care provider or health care service plan, health maintenance organization, insurer issuing disability insurance, self-insured employee welfare benefit plan, nonprofit medical service corporation or mutual nonprofit hospital service corporation shall require any person to execute a living will or medical power of attorney as a condition for being insured for or receiving health care services.
WV Code § 16-30-15 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 30. West Virginia Health Care Decisions Act|§16-30-15. Withholding of Life Support Not Assisted Suicide or Murder

The withholding or withdrawal of life-prolonging intervention from a person in accordance with the decision of a medical power of attorney representative or surrogate decision maker made pursuant to the provisions of this article does not, for any purpose, constitute assisted suicide or murder. The withholding or withdrawal of life-prolonging intervention from a person in accordance with the decisions of a medical power of attorney representative or surrogate decision maker made pursuant to the provisions of this article, however, shall not relieve any individual of responsibility for any criminal acts that may have caused the person's condition. Nothing in this article shall be construed to legalize, condone, authorize or approve mercy killing or assisted suicide.
WV Code § 16-30-16 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 30. West Virginia Health Care Decisions Act|§16-30-16. Preservation of Existing Rights and Relation to Existing Law; No Presumption

(a) The provisions of this article are cumulative with existing law regarding an individual's right to consent to or refuse medical treatment. The provisions of this article shall not impair any existing rights or responsibilities that a health care provider, a person, including a minor or an incapacitated person or a person's family may have in regard to the withholding or withdrawal of life-prolonging intervention, including any rights to seek or forego judicial review of decisions regarding life-prolonging intervention under the common law or statutes of this state.(b) This article creates no presumption concerning the intention of an individual who has not executed a living will or medical power of attorney to consent to, refuse or withdraw any and all medical treatment or diagnostic procedures, including, but not limited to, life-prolonging intervention.
WV Code § 16-30-17 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 30. West Virginia Health Care Decisions Act|§16-30-17. No Abrogation of Common Law Doctrine of Medical Necessity

Nothing in this article shall be construed to abrogate the common law doctrine of medical necessity.
WV Code § 16-30-18 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 30. West Virginia Health Care Decisions Act|§16-30-18. Revocation

(a) A living will or medical power of attorney may be revoked at any time only by the principal or at the express direction of the principal by any of the following methods:(1) By being destroyed by the principal or by some person in the principal's presence and at his or her direction;(2) By a written revocation of the living will or medical power of attorney signed and dated by the principal or person acting at the direction of the principal. Such revocation shall become effective only upon delivery of the written revocation to the attending physician by the principal or by a person acting on behalf of the principal.The attending physician shall record in the principal's medical record the time and date when he or she receives notification of the written revocation; or(3) By a verbal expression of the intent to revoke the living will or medical power of attorney in the presence of a witness eighteen years of age or older who signs and dates a writing confirming that such expression of intent was made. Any verbal revocation shall become effective only upon communication of the revocation to the attending physician by the principal or by a person acting on behalf of the principal. The attending physician shall record, in the principal's medical record, the time, date and place of when he or she receives notification of the revocation.(b) There is no criminal or civil liability on the part of any person for failure to act upon a revocation made pursuant to this section unless that person has actual knowledge of the revocation.(c) The grant of a final divorce decree shall act as an automatic revocation of the designation of the former spouse to act as a medical power of attorney representative or successor representative.
WV Code § 16-30-19 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 30. West Virginia Health Care Decisions Act|§16-30-19. Physician's Duty to Confirm, Communicate and Document Terminal Condition or Persistent Vegetative State; Medical Record Identification

(a) An attending physician who has been notified of the existence of a living will executed under this article, without delay after the diagnosis of a terminal condition or persistent vegetative state of the principal, shall take steps as needed to provide for confirmation, written certification and documentation of the principal's terminal condition or persistent vegetative state in the principal's medical record.(b) Once confirmation, written certification and documentation of the principal's terminal condition or persistent vegetative state is made, the attending physician shall verbally or in writing inform the principal of his or her condition or the principal's medical power of attorney representative or surrogate, if the principal lacks capacity to comprehend such information and shall document such communication in the principal's medical record.(c) All inpatient health care facilities shall develop a system to visibly identify a person's chart which contains a living will or medical power of attorney as set forth in this article.
WV Code § 16-30-20 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 30. West Virginia Health Care Decisions Act|§16-30-20. Living Wills Previously Executed

A living will executed prior to the effective date of this article and which expressly provides for the withholding or withdrawal of life-prolonging intervention or for the termination of life-sustaining procedures in substantial compliance with the provisions of section four of this article is hereby recognized as a valid living will, as though it were executed in compliance with the provisions of this article.
WV Code § 16-30-21 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 30. West Virginia Health Care Decisions Act|§16-30-21. Reciprocity

A living will or medical power of attorney executed in another state is validly executed for the purposes of this article if it is executed in compliance with the laws of this state or with the laws of the state where executed.
WV Code § 16-30-22 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 30. West Virginia Health Care Decisions Act|§16-30-22. Liability for Failure to Act in Accordance With the Directives of a Living Will or Medical Power of Attorney or the Directions of a Medical Power of Attorney Representative or Health Care Surrogate

(a) A health care provider or health care facility without actual knowledge of a living will or medical power of attorney completed by a person is not civilly or criminally liable for failing to act in accordance with the directives of a principal's living will or medical power of attorney.(b) A health care provider or a health care facility is subject to review and disciplinary action by the appropriate licensing board for failing to act in accordance with a principal's directives in a living will or medical power of attorney, or the decisions of a medical power of attorney representative or health care surrogate: Provided, That the provider or facility had actual knowledge of the directives or decisions.(c) Once a principal has been determined to be incapacitated in accordance with the provisions of this article and his or her living will or medical power of attorney has become effective, any health care provider or health care facility which refuses to follow the principal's directives in a living will or medical power of attorney or the decisions of a medical power of attorney representative or health care surrogate, because the principal has asked the health care provider or health care facility not to follow such directions or decisions, shall have two physicians, one of whom may be the attending physician, or one physician and a qualified psychologist, or one physician and an advanced nurse practitioner, certify that the principal has regained capacity to make the request. If such certification occurs, the provisions of the applicable living will or medical power of attorney, or the statute creating the authority of the health care surrogate shall not apply because the principal has regained decision-making capacity.
WV Code § 16-30-23 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 30. West Virginia Health Care Decisions Act|§16-30-23. Prohibition

Under no circumstances may the presence or absence of a living will or medical power of attorney be used to deny a person admission to a health care facility.
WV Code § 16-30-24 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 30. West Virginia Health Care Decisions Act|§16-30-24. Need for a Second Opinion Regarding Incapacity for Persons With Psychiatric Mental Illness, Intellectual Disability or Addiction

For persons with psychiatric mental illness, intellectual disability or addiction who have been determined by their attending physician or a qualified physician to be incapacitated, a second opinion by a qualified physician or qualified psychologist that the person is incapacitated is required before the attending physician is authorized to select a surrogate. The requirement for a second opinion does not apply in those instances in which the medical treatment to be rendered is not for the person's psychiatric mental illness.
WV Code § 16-30-25 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 30. West Virginia Health Care Decisions Act|§16-30-25. Physician Orders for Scope of Treatment Form

(a) No later than July 1, 2003, the secretary of the Department of Health and Human Resources shall implement the statewide distribution of standardized physician orders for scope of treatment (POST) forms.(b) Physician orders for scope of treatment forms shall be standardized forms used to reflect orders by a qualified physician for medical treatment of a person in accordance with that person's wishes or, if that person's wishes are not reasonably known and cannot with reasonable diligence be ascertained, in accordance with that person's best interest. The form shall be bright pink in color to facilitate recognition by emergency medical services personnel and other health care providers and shall be designed to provide for information regarding the care of the patient, including, but not limited to, the following:(1) The orders of a qualified physician regarding cardiopulmonary resuscitation, level of medical intervention in the event of a medical emergency, use of antibiotics and use of medically administered fluids and nutrition and the basis for the orders;(2) The signature of the qualified physician;(3) Whether the person has completed an advance directive or had a guardian, medical power of attorney representative or surrogate appointed;(4) The signature of the person or his or her guardian, medical power of attorney representative, or surrogate acknowledging agreement with the orders of the qualified physician; and(5) The date, location and outcome of any review of the physician orders for scope of treatment form.(c) The physician orders for scope of treatment form shall be kept as the first page in a person's medical record in a health care facility unless otherwise specified in the health care facility's policies and procedures and shall be transferred with the person from one health care facility to another.
WV Code § 16-30C-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 30C. Do Not Resuscitate Act|§16-30C-1. Short Title

The article may be cited as the "Do Not Resuscitate Act."
WV Code § 16-30C-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 30C. Do Not Resuscitate Act|§16-30C-2. Legislative Findings and Purposes

(a) Findings. -- The Legislature hereby finds that:(1) Although cardiopulmonary resuscitation has saved the lives of persons experiencing sudden, unexpected death, present medical data indicates that cardiopulmonary resuscitation rarely leads to prolonged survival in persons with chronic illnesses in whom death is expected;(2) In many circumstances, the performance of cardiopulmonary resuscitation on persons may cause infliction of unwanted and unnecessary pain and suffering;(3) All persons have a right to make health care decisions including the right to refuse cardiopulmonary resuscitation;(4) Persons with incapacity have the right to have health care decisions made for them by surrogate decision-makers;(5) Existing emergency medical services protocols require their personnel to proceed with cardiopulmonary resuscitation when they find a person in a cardiac or respiratory arrest even if such person has completed a living will or medical power of attorney, indicating that he/she does not wish to receive cardiopulmonary resuscitation; and(6) The administration of cardiopulmonary resuscitation by emergency medical services personnel to persons who have indicated by a living will or medical power of attorney or other means that they do not wish to receive such resuscitation offends the dignity of the person and conflicts with standards of accepted medical practice.(b) Purpose. -- It is the purpose of this article to ensure that the right of a person to self-determination relating to cardiopulmonary resuscitation is protected. It is the intent of the Legislature by enacting this article to give direction to emergency medical services personnel and other health care providers in regard to the performance of cardiopulmonary resuscitation.
WV Code § 16-30C-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 30C. Do Not Resuscitate Act|§16-30C-4. Applicability

The provisions of this article apply to all persons regardless of whether or not they have completed a living will or medical power of attorney. For the purposes of direction to emergency medical services personnel, a do not resuscitate order does not apply to treatment rendered at the site where trauma has occurred to persons who experience a cardiac or respiratory arrest as the result of severe trauma.
WV Code § 16-30C-5 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 30C. Do Not Resuscitate Act|§16-30C-5. Presumed Consent to Cardiopulmonary Resuscitation; Health Care Facilities Not Required to Expand to Provide Cardiopulmonary Resuscitation

(a) Every person shall be presumed to consent to the administration of cardiopulmonary resuscitation in the event of cardiac or respiratory arrest, unless one or more of the following conditions, of which the health care provider has actual knowledge, apply:(1) A do-not-resuscitate order in accordance with the provisions of this article has been issued for that person;(2) A completed living will for that person is in effect, pursuant to the provisions of article thirty of this chapter, and the person is in a terminal condition or a persistent vegetative state; or(3) A completed medical power of attorney for that person is in effect, pursuant to the provisions of article thirty of this chapter, in which the person indicated that he or she does not wish to receive cardiopulmonary resuscitation, or his or her representative has determined that the person would not wish to receive cardiopulmonary resuscitation.(4) A completed physician orders for scope of treatment form in which a qualified physician has ordered do-not-resuscitate.(b) Nothing in this article shall require a nursing home, personal care home, hospice or extended care facility operated in connection with hospitals to institute or maintain the ability to provide cardiopulmonary resuscitation or to expand its existing equipment, facilities or personnel to provide cardiopulmonary resuscitation: Provided, That if a health care facility does not provide cardiopulmonary resuscitation, this policy shall be communicated in writing to the person, representative or surrogate decision maker prior to admission.
WV Code § 16-30C-7 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 30C. Do Not Resuscitate Act|§16-30C-7. Compliance With a Do-Not-Resuscitate Order

(a) Health care providers shall comply with the do-not-resuscitate order when presented with one of the following:(1) A do-not-resuscitate order completed by a physician on a form as specified in section six of this article;(2) Do-not-resuscitate identification as set forth in section thirteen of this article;(3) A do-not-resuscitate order for a person present or residing in a health care facility issued in accordance with the health care facility's policies and procedures; or(4) A physician orders for scope of treatment form in which a qualified physician has documented a do-not-resuscitate order.(b) Pursuant to this article, health care providers shall respect do-not-resuscitate orders for persons in health care facilities, ambulances, homes and communities within this state.