West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-101 - Use of the E-Directives Registry by Emergency Medical Services › Section 64-101-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
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-3-1
et.
				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
§§
				16-30-1
et. 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
§§
				16-30-1
et. seq.,
specifically §§ 16-30-10, 13
				&25) and Do Not Resuscitate Act
(W.Va. Code
§§
				16-30C-1
et. 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.