§ 16-30-19 — Physician’s duty to confirm, communicate, and document terminal condition; medical record identification

West Virginia § 16-30-19

• Jurisdiction: West Virginia
• Ch. 16: PUBLIC HEALTH
• Art. 30: WEST VIRGINIA HEALTH CARE DECISIONS ACT

Text

(a) An attending physician who has been notified of the existence of a living will or combined medical power of attorney and living will executed under this article, without delay after the diagnosis of a terminal condition of the principal, shall take steps as needed to provide for confirmation, written certification, and documentation of the principal’s terminal condition in the principal’s medical record.

(b) Once confirmation, written certification, and documentation of the principal’s terminal condition is made, the attending physician shall verbally or in writing inform the principal of his or her condition or the principal’s medical power of attorney representative or surrogate, if the principal lacks capacity to comprehend such information and shall document such communication in the principal’s medical record.

(c) All inpatient health care facilities shall develop a system to visibly identify a person’s chart which contains a living will or medical power of attorney, combined medical power of attorney and living will, or a portable order for scope of treatment as set forth in this article.

Legislative History

2022 Reg. Sess., SB470; 2000 Reg. Sess., HB4144