West Virginia Code § 16-30C-5

Presumed consent to cardiopulmonary resuscitation; health care
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facilities not required to expand to provide cardiopulmonary resuscitation.
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 or combined medical power of attorneuy and living will for that
person is in effect, pursuant to the provisions of §16-30-1 et seq. of this code, and the person
is in a terminal condition; or
(3) A completed medical power of attorney for that perason is in effect, pursuant to §16-30-1
et seq. of this code, in which the person indicated that he or she does not wish to receive
cardiopulmonary resuscitation, or his or her represlentative has determined that the person
would not wish to receive cardiopulmonary ressuscitation.
(4) A completed portable orders for scope iof treatment form in which a qualified physician
has ordered do-not-resuscitate.
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 wri ting to the person, representative, or surrogate decision maker prior to
admission. V

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