The Michigan Do Not Resuscitate Act
As of August 1, 1996, if you have filled out the proper paperwork you can have your wish to not be put on a life support system honored outside the hospital. Until the Do Not Resuscitate Act went into effect, there was a continual problem with getting your wishes followed outside the hospital. Although you had your health care power of attorney on file at the hospital and your doctor's office, the ambulance team who responded to a 911 call still needed to put you on life support to get you to the hospital. And, of course, once on the life support system, it was much more difficult for your family to get the system removed. The Do Not Resuscitate Procedure Act sets out the way to have the ambulance staff, or other medical emergency personnel follow your medical care choices without worrying about their liability. [Back to Top]
Any adult of sound mind can sign a valid Do Not Resuscitate order. Also, a patient advocate acting under a valid Health Care Power of Attorney can sign a Do Not Resuscitate order for the patient. Of course, the Health Care Power of Attorney must show that this order is following the patient's wishes.
To be a valid order, it must be on a form set out in the law.
The order must be dated and signed by all of these people:
- the person, or the patient advocate if the person is not capable,
- the person's doctor,
- 2 witnesses, who are at least age 18, at least one of whom is not the spouse, parent, child, grandchild, sibling or heir of the person.
Each of the above people who sign, must also print or type their names on the document. They must not sign if they believe the person is under duress, fraud or undue influence.
Since an important part of your rights pursuant to a Do Not Resuscitate order is notice to health professionals, it’s a good idea to wear a Do Not Resuscitate ID bracelet. You must also keep a signed order in an easily accessible place within your residence. Make sure your doctor has a copy of it in your medical chart. The bracelet is not commonly available but can be purchased for six dollars from:
Michigan Hospice and Palliative Care Organization
6015 W. St. Joseph, Suite 104
Lansing, MI 48917
(517) 886-6667
If, for religious reasons, you do not have a treating physician, a special form is provided in the Act, which leaves out the treating doctor's signature.
You can revoke (cancel) the Do Not Resuscitate order at any time and in any way. If possible, it is best to revoke it in writing and by tearing up the original order. Then make sure you send a copy of the revocation to anyone or any office that has a copy of your order on file.
Here is what happens if emergency services are called on your behalf. The first health professional at your home, car, or any site outside a hospital, nursing home or state mental health facility, is to check if you have one or more vital signs. If you have no vital signs, but are wearing a Do Not Resuscitate ID bracelet, or have the order available, the health professional is not to attempt resuscitation.
The law makes persons or organizations who follow your Do Not Resuscitate order immune from both civil and criminal liability. This is the key for having ambulance teams comfortable with following your Do Not Resuscitate wishes. On the other hand, the law also says that there is no liability for rescue persons, or organizations if:
1. They attempt to resuscitate someone who has a valid order, if the rescue person does not have actual knowledge of the order. This is why the bracelet is an important follow-up to signing the papers.
2. They fail to resuscitate someone who had an order, but revoked it, if the agency did not have actual knowledge of the revocation. This is why, if you want to revoke your order, it is best if you revoke your order in writing, and send the written cancellation to all key emergency agencies in your local area -- ambulance, firefighters, police.
Now that Do Not Resuscitate orders are legal in Michigan, healthcare organizations (hospitals, nursing homes, adult foster care homes, etc.), life insurance companies, health insurance companies, and hospice cannot require you to sign a Do Not Resuscitate order in order to receive services or coverage.
In making the choice to have a Do Not Resuscitate order, you should also talk and discuss your reasons for the decision with your patient advocate, and any other person who is likely to be a part of advocating your decision. This might be a close neighbor who could be the one to call the ambulance.
A copy of a form containing the law's required language is next. First is the version to use when you have a treating doctor. Second is the version used by those who have religious objections to using doctors.
DO-NOT-RESUSCITATE ORDER
I have discussed my health status with my physician, ____________
_______________. I request that in the event my heart and breathing should stop, no person shall attempt to resuscitate me. This order is effective until it is revoked by me. Being of sound mind, I voluntarily execute this order, and I understand its full import.
_____________________________________ ______________
(Declarant's signature) (Date)
_____________________________________ (Type or print declarant's full name)
_____________________________________ _______________
(Signature of person who signed for (Date)
declarant, if applicable)
______________________________________
(Type or print full name)
_____________________________________ _______________
(Physician's signature) (Date)
_____________________________________
(Type or print physician's full name)
ATTESTATION OF WITNESSES
The individual who has executed this order appears to be of sound mind, and under no duress, fraud, or undue influence. Upon executing this order, the individual has (has not) received an identification bracelet.
_______________________ ________________________
Witness signature Witness signature
_______________________ ________________________
Type or print witness name Type or print witness name
Date:_________________
THIS FORM WAS PREPARED PURSUANT TO, AND IS IN COMPLIANCE WITH, THE MICHIGAN DO-NOT-RESUSCITATE PROCEDURE ACT.
DO-NOT-RESUSCITATE ORDER
I request that in the event my heart and breathing should stop, no person shall attempt to resuscitate me. This order is effective until it is revoked by me. Being of sound mind, I voluntarily execute this order, and I understand its full import.
_____________________________________ ______________
(Declarant's signature) (Date)
_____________________________________ (Type or print declarant's full name)
_____________________________________ _______________
(Signature of person who signed for (Date)
declarant, if applicable)
______________________________________
(Type or print full name)
ATTESTATION OF WITNESSES
The individual who has executed this order appears to be of sound mind, and under no duress, fraud, or undue influence. Upon executing this order, the individual has (has not) received an identification bracelet.
_______________________ _______________________
Witness signature Witness signature
_______________________ _______________________
Type or print witness name Type or print witness name
Date:___________________
THIS FORM WAS PREPARED PURSUANT TO, AND IS IN COMPLIANCE WITH, THE MICHIGAN DO-NOT-RESUSCITATE PROCEDURE ACT.
