For the first time in 20 years, the West Virginia Health Care Decisions Act has undergone a major revision. The WV Health Care Decisions Act was originally passed in 2000 and revised in 2002 to add Physician Orders for Scope of Treatment, a medical order, into law.
Despite scope of practice expansions resulting in signatory authority for medical orders with both advanced practice registered nurses and physician assistants in 2016 and 2017, the WV Health Care Decisions Act has not been revised in full since 2002.
Passed during the 2022 Regular Session and approved by the governor March 23, Senate Bill (SB) 470:
• Changes the language in all major advance directives (Medical Power of Attorney, Living Will and the Combined Medical Power of Attorney and Living Will).
• Clearly incorporates the previous changes in practice acts for APRNs and PAs.
• Clarifies the wording of the Living Will and Combined Medical Power of Attorney and Living Will.
• Removes persistent vegetative state from both the Living Will and the Combined Medical Power of Attorney and Living Will.
• Redefines life-prolonging interventions.
• Clarifies the removal or refusal of life-prolonging interventions; such as cardiopulmonary resuscitation, ventilators, dialysis and medically administered food and fluids; through the Living Will and Combined Medical Power of Attorney and Living Will.
• Reinforces that oral food and fluids should always be offered as desired and tolerated.
• Adds prompts for mental health treatment, funeral arrangements, autopsy, and organ donation in the special directives and limitations sections of all advance directives.
• Changes the language of the POST form from “Physician Orders for Scope of Treatment” to “Portable Orders for Scope of Treatment” to be more inclusive of all practitioners with signatory authority while also better describing the medical order’s portability.
• Adds formal reciprocity for advance directives and medical orders validly executed in other states.
• and updates language to be more reader-friendly.
The new version of the WV Health Care Decisions Act (SB 470) becomes effective June 7, and requires all healthcare facilities to update the forms they provide to patients no later than Jan.1, 2023. Advance directives and medical orders completed prior to this bill are still valid and effective.
For more information about the amendments to the West Virginia Health Care Decisions Act and to obtain the new forms, visit the West Virginia Center for End-of-Life Care website, www.wvendoflife.org or call toll free 877-209-8086.