Section 22-8A-18
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2021 REGULAR SESSION, EFFECTIVE AUGUST 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) This section shall be known and may be cited as Simon's Law.
(b)(1) Unless an Order for Pediatric Palliative and End of Life (PPEL) Care has been executed by the representative of a qualified minor and entered into the medical record of the qualified minor by the attending physician of the qualified minor in accordance with this chapter, a Do Not Attempt Resuscitation (DNAR) order, whether oral or in writing, shall not be instituted for a qualified minor until both of the following occur:
a. Consent is obtained from the representative of the qualified minor for a DNAR order.
b. A reasonable attempt is made to inform one or the other parent of the consent by the representative of the qualified minor.
(2) An attending physician, health care facility, or the designee of any of the aforementioned shall provide information regarding the intent to institute a DNAR order in writing or orally. The attending physician, health care facility, or the designee of any of the aforementioned shall contemporaneously record the provision of information in the medical record of the qualified minor, and specify by whom and to whom the information was given. When the representative of the qualified minor has been informed, the attending physician, health care facility, or the designee of any of the aforementioned shall contemporaneously record, within the medical record of the qualified minor, information regarding the attempts to inform one or the other parent of the decision.
(c) The qualified minor's representative may refuse consent for a PPEL order or a DNAR order for the qualified minor, either in writing or orally. Any refusal of consent shall be contemporaneously recorded in the medical record of the qualified minor. No DNAR order shall be instituted if there has been a timely refusal of consent, except when a PPEL order or DNAR order is consented to at a later date or in accordance with a court order issued pursuant to subsection (d).
(d) If the parents or representative of a qualified minor are unable to agree on whether to institute or revoke a DNAR order, either a parent or representative may institute a proceeding under subsection (e) to resolve the conflict based on a presumption in favor of the provision of cardiopulmonary resuscitation. Pending the final determination of the proceedings, including any appeals, a DNAR order shall not be implemented.
(e) A representative of a qualified minor, attending physician, or health care facility may petition a circuit court of the county in which the qualified minor resides, or in which the qualified minor is receiving treatment, for an order enjoining a violation or threatened violation of this chapter or to resolve a conflict or perceived conflict. Upon receiving the petition, the circuit court shall issue an order fixing the date, time, and place of a hearing on the petition and ordering that notice of the hearing shall be provided. A preliminary hearing may be held without notice if the court determines that holding that hearing without notice is necessary to prevent imminent danger to the life of the qualified minor. In the court's discretion, a hearing may be conducted in a courtroom, a treatment facility, or at some other suitable place.
(f) Upon the request of a qualified minor or the representative of a qualified minor, a health care facility or attending physician shall disclose in writing any policies relating to services a qualified minor may receive involving PPEL orders, DNAR orders, or life-sustaining measures within the health care facility. Nothing in this section shall require a health care facility or attending physician to have a written policy relating to or involving PPEL orders, DNAR orders, or life-sustaining treatment.
(g) Nothing in this section shall affect the rights of individuals or obligations of providers under the Federal Patient Self Determination Act, 42 U.S.C. §§ 1395cc and 1396a.
(Act 2021-500, §2.)