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Deadline For Public Comment

Deadline: Jan 13, 2012

The deadline for public comment has expired. Contact the agency or primary contact person listed below for assistance.

Rule Details

Rule Number: 11P038
Title: Rules for Advance Directives for Health Care and Surrogate Consent for Do-Not-Resuscitate Orders (DNR) and Clinician Orders for Life Sustaining Treatment (COLST).
Type: Standard
Status: Withdrawn
Agency: Department of Health
Legal Authority: 3 V.S.A. § 801(b)(11) ; 18 V.S.A. §§ 102, 104, and 3003(a) and 18 V.S.A. Chapter 231 §§ 9708 and 9719.
Summary: The proposed amendments to the Advance Directives for Health Care Rules are required by Act 60 (2011) to incorporate new provisions relating to the authority of an individual who is not an agent or guardian of a patient, but who is a family member or known close friend, to provide informed consent as a surrogate for a do not resuscitate order (DNR) or a clinician order for life-sustaining treatment (COLST) for a patient without capacity to consent to those orders. The proposed rules amend the mandatory DNR/COLST form and provide new mandatory minimum requirements for DNR identification bracelets, anklets, and necklaces. The rule amendments provide access to a hospital's internal ethics protocols when those eligible to serve as a surrogate cannot reach consensus.
Persons Affected: People for whom a clinician authorizes a do not resuscitate order (DNR) or a clinician order for life-sustaining treatment (COLST) or a DNR identification bracelet, anklet or necklace; people without an agent appointed in an advance directive or a guardian for whom a DNR or COLST order may be authorized and their family members and close friends; providers of DNR identification products; the following and their respective associations: clinicians, hospitals, nursing homes, residential care facilities, home care provider services, hospice care services, ambulance and first responder services,and emergency medical services personnel; patients, organizations and associations interested in end of life care, health care ethics and surrogate cons
Economic Impact: The economic impact of the rule is expected to be minimal. Patients with DNR identification will be required to obtain new DNR ID products of their choice with the required minimum information. Clinicians and health care facilities may need to reproduce new copies of the mandatory DNR/COLST form, if the revised form is ultimately adopted in the final rule. Hospitals will need to provide copies of their written ethics protocols when requested by individuals unable to reach consensus on who should serve as surrogate for the patient. If consensus can not be reached fro a hospital inpatient the hospital will be required to provide an ethics consultation
Posting date: Nov 30,2011

Hearing Information

Information for Hearing # 1
Hearing date:
01-06-2012 1:00 PM   
Location: Room 3B
Address: 108 Cherry Street
City: Burlington
State: VT
Zip: 05401
Hearing Notes:

Contact Information

Information for Contact # 1
Level: Primary    
Name: Dixie Henry    
Agency: Department of Health    
Address: PO Box 70    
City: Burlington    
State: VT    
Zip: 05401    
Telephone: 802-863-7281    
Fax: 802-951-1275    
Website Address:
Information for Contact # 2
Level: Secondary    
Name: Bessie Weiss, Assistant Attorney General    
Agency: Department of Health    
Address: PO Box 70, 108 Cherry Street    
City: Burlington    
State: VT    
Zip: 05401    
Telephone: 802-652-2092    
Fax: 802-951-1211    

Keyword Information


Advance directive
Do-no-resuscitate (DNR)
Informed Consent
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