Part III.
12VAC5-66-40. The Durable Do Not Resuscitate Order Form.
The Durable DNR Order Form shall be a standardized document approved by the board and consistent with this chapter, including the following requirements:
1. A Durable DNR Order Form shall contain, from a physician with whom the patient has a bona fide physician-patient relationship, a do not resuscitate determination, signature and the date of issue, the signature of the patient, or, if applicable, the person authorized to consent on the patient's behalf.
2. A signed Durable DNR Order shall remain valid until revoked in accordance with § 54.1-2987.1 of the Code of Virginia or until rescinded, in accordance with accepted medical practice, by the provider who issued the Durable Do Not Resuscitate Order.
3. A Durable DNR Order shall be valid for the purposes of withholding or withdrawing cardiopulmonary resuscitation by health care personnel in the event of cardiac or respiratory arrest.
4. An original or a legible photocopy of the Durable DNR Order Form, POST Form, or POLST Form shall be readily available to health care personnel at the patient's current location.
5. Three identical Durable DNR Order Forms shall be filled out and distributed as follows:
a. Copy one - to be kept by the patient.
b. Copy two - to be kept in the patient's permanent record.
c. Copy three - to be used to order Alternate Durable DNR jewelry.
6. A Durable DNR Order or Other DNR Order may only be revoked in accordance with § 54.1-2987.1 D of the Code of Virginia.
Statutory Authority
§§ 32.1-12 , 32.1-111.4, and 54.1-2987.1 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 12, eff. March 27, 2002; amended, Virginia Register Volume 27, Issue 21, eff. July 20, 2011; Volume 42, Issue 10, eff. February 12, 2026.
12VAC5-66-50. Authorized Alternate Durable DNR jewelry.
A. Alternate Durable DNR jewelry items shall be uniquely-designed, uniquely-identifiable, and available only from a seller approved by the Office of EMS.
B. Only the patient to whom a Durable DNR Order Form applies, or the person authorized to consent on the patient's behalf may purchase Alternate Durable DNR jewelry.
C. The person to whom a Durable DNR Order Form applies or the person authorized to consent on the patient's behalf shall present the Durable DNR Order to the approved seller for purchase of approved Alternate Durable DNR jewelry.
D. The Alternate Durable DNR jewelry shall display the following information:
1. The words: Do Not Resuscitate;
2. The patient's full legal name;
3. The physician's name and telephone number; and
4. The Virginia Durable DNR issuance date.
Statutory Authority
§§ 32.1-12, 32.1-111.4, and 54.1-2987.1 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 12, eff. March 27, 2002; amended, Virginia Register Volume 27, Issue 21, eff. July 20, 2011; Volume 42, Issue 10, eff. February 12, 2026.
12VAC5-66-60. Other DNR Orders.
A. Nothing in this chapter shall be construed to preclude licensed health care practitioners from following any Other Do Not Resuscitate Order in accordance with the applicable policies and procedures of the health care facility in which they practice.
B. Health care personnel shall honor an Other Do Not Resuscitate Order as if it were a Durable Do Not Resuscitate Order if the Other DNR Order includes the information required in 12VAC5-66-40 and the patient is admitted to or in transit from a qualified health care facility, except that an Other DNR Order shall not be required to include the signature of the patient or a person authorized to consent for the patient on the order itself.
C. Nothing in this chapter shall prohibit health care personnel from following a direct verbal order issued by a licensed physician not to resuscitate a patient in cardiac or respiratory arrest when the physician is physically present.
Statutory Authority
§§ 32.1-12 , 32.1-111.4, and 54.1-2987.1 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 12, eff. March 27, 2002; amended, Virginia Register Volume 27, Issue 21, eff. July 20, 2011; Volume 42, Issue 10, eff. February 12, 2026.