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20-17-104. Withholding cardiopulmonary resuscitation in nursing facilities for unwitnessed deaths — Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-17-104. Withholding cardiopulmonary resuscitation in nursing facilities for unwitnessed deaths — Definitions.
(a) As used in this section:
(1) “Dependent lividity” means clear demarcation of pooled blood within the body;
(2) “Nursing facility” means the same as long-term care facility as defined in § 20-10-101; and
(3) “Rigor” means that major joints such as the jaw, shoulders, elbows, hips, or knees are immovable.
(b) Licensed nurses employed by nursing facilities may withhold cardiopulmonary resuscitation from residents of the facility, regardless of the presence or absence of a Do Not Resuscitate Order when:
(1) The death of the resident was unwitnessed; and
(2) The body evidences clear and unmistakable:
(A) Dependent lividity; or
(B) Rigor.
(c) In cases of unwitnessed deaths under subsection (b) of this section, the following conditions also must be present:
(1) Respirations are absent for at least thirty (30) seconds;
(2) Carotid pulse is absent for at least thirty (30) seconds;
(3) Lung sounds auscultated by stethoscope bilaterally are absent for at least thirty (30) seconds; and
(4) Both pupils, if accessible, are nonreactive to light.
(d) The nursing facility shall document the presence of the above-listed conditions in the resident's records.
(e)(1) Nursing facilities and licensed nurses of nursing facilities who withhold cardiopulmonary resuscitation under this section are not liable for administrative sanctions, civil damages, or subject to criminal prosecution for their actions or the actions of others based on the withholding of cardiopulmonary resuscitation.
(2) A person who acts in good faith reliance of a nursing facility's or nursing facility employee's withholding cardiopulmonary resuscitation under this section is
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-17-104
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:20-17-104
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ba96aab248f22adb3a9ccd5b2efde66148b0d14704cf860018b5c67bc1eba0a9
Source location: content.xml paragraph 15103
Stored source content
20-17-104. Withholding cardiopulmonary resuscitation in nursing facilities for unwitnessed deaths — Definitions.
(a) As used in this section:
(1) “Dependent lividity” means clear demarcation of pooled blood within the body;
(2) “Nursing facility” means the same as long-term care facility as defined in § 20-10-101; and
(3) “Rigor” means that major joints such as the jaw, shoulders, elbows, hips, or knees are immovable.
(b) Licensed nurses employed by nursing facilities may withhold cardiopulmonary resuscitation from residents of the facility, regardless of the presence or absence of a Do Not Resuscitate Order when:
(1) The death of the resident was unwitnessed; and
(2) The body evidences clear and unmistakable:
(A) Dependent lividity; or
(B) Rigor.
(c) In cases of unwitnessed deaths under subsection (b) of this section, the following conditions also must be present:
(1) Respirations are absent for at least thirty (30) seconds;
(2) Carotid pulse is absent for at least thirty (30) seconds;
(3) Lung sounds auscultated by stethoscope bilaterally are absent for at least thirty (30) seconds; and
(4) Both pupils, if accessible, are nonreactive to light.
(d) The nursing facility shall document the presence of the above-listed conditions in the resident's records.
(e)(1) Nursing facilities and licensed nurses of nursing facilities who withhold cardiopulmonary resuscitation under this section are not liable for administrative sanctions, civil damages, or subject to criminal prosecution for their actions or the actions of others based on the withholding of cardiopulmonary resuscitation.
(2) A person who acts in good faith reliance of a nursing facility's or nursing facility employee's withholding cardiopulmonary resuscitation under this section is not liable for administrative sanctions, civil damages, or subject to criminal prosecution for the person's actions.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-10-101. Definitions.
As used in this chapter:
(1) “Administrative remedy” means temporary management, denial of payment for all new admissions, transfer of residents, termination or suspension of license, termination of provider agreement, directed plan of correction, directed in-service training, and remedies established by Arkansas law, including remedies provided in § 20-10-1408;
(2) “Administrator-in-training program” means a program for gaining supervised practical experience in long-term care administration;
(3) “Assisted living facility” means the same as in § 20-10-1703;
(4) “Clock hour” means a period of contact experience comprising the full sixty (60) minutes;
(5) “Department” means the Department of Human Services;
(6) [Repealed.]
(7) “Division” means the appropriate division as determined by the Secretary of the Department of Human Services;
(8) “Head injury” means a noncongenital injury to the brain or a neurological impairment caused by illness, accident, or nondegenerative etiology;
(9) “Head injury retraining and rehabilitation” means an individualized program of instruction designed to assist an individual suffering disability as a result of head injury to reduce the adverse effects of the disability and improve functioning in activities of daily living and work-related activities, but which does not include inpatient diagnostic care, and which may be offered in a residential or day program;
(10)(A) “Long-term care facility” means a nursing home, residential care facility, assisted living facility, post-acute head injury retraining and residential care facility, or any other facility which provides long-term medical or personal care.
(B) “Long-term care facility” does not include an adult day care program that:
(i) Provides
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-10-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-10-101. This identifies an authority to review, not proof of applicability.