§ 1051.13. Duties when person loses authority to function as a surrogate.
(a) No authority to revoke out-of-hospital DNR order. A person who acted as a patient’s surrogate when requesting an out-of-hospital DNR order for the patient may not revoke the out-of-hospital DNR order if the person loses the legal authority to serve as the patient’s surrogate.
(b) Duty when person loses surrogate status. If capable of doing so, a person who loses the authority to act as a patient’s surrogate after the person obtained an out-of-hospital DNR order for the patient shall apprise a replacement surrogate, if any, of the patient’s out-of-hospital DNR items and of other pertinent information relating to those items. The former surrogate shall also provide to the replacement surrogate or to the patient if the patient is no longer represented by a surrogate, the name of the physician who issued the out-of-hospital DNR order and any information the person has to help the patient or new surrogate locate the physician. The former surrogate, if capable of doing so, shall also make a reasonable effort to apprise the physician who issued the out-of-hospital DNR order of the change in that person’s status, as well as the name of the person, if any, who replaced that person as the patient’s surrogate and any information the former surrogate has to help the physician locate the patient and the patient’s current surrogate.
(c) Duty when contacted by physician. If a patient’s former surrogate did not attempt to contact the patient’s attending physician as required by subsection (b), or made the attempt but was unsuccessful, and is contacted by the patient’s attending physician for the purpose of communicating information regarding the patient, the patient’s former surrogate shall apprise the physician that the person is no longer the patient’s surrogate and provide the physician any information the former surrogate has to help the physician locate the patient or the patient’s current surrogate.
(d) Duty of replacement surrogate. A person who replaces another person as the patient’s surrogate after an out-of-hospital DNR order has been issued for the patient, and who is made aware of the order and given information regarding the attending physician who issued the order, shall make a reasonable effort to contact the physician to apprise the physician of the change in surrogates unless the new surrogate is able to confirm that the former surrogate has already made the disclosure.
Source The provisions of this § 1051.13 amended February 6, 2004, effective February 7, 2004, 34 Pa.B. 677. Immediately preceeding text appears at serial pages (294017) to (294018).
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