Are you looking for the Simon’s Law verbiage for drafting legislation in your state? Or, maybe you want to know which states are “Simon Safe States.” Well, you’ve come to the right place. Listed below are the states that have currently passed Simon’s Law or similar legislation.
Each state is listed by statute number and title. For full text of the law, click on the “Learn More” link.
Simon Safe State Statutes have been passed in Alabama (AL), Arizona (AZ), Arkansas (AR), Georgia (GA), Idaho (ID), Iowa (IA), Kansas (KS), Missouri (MO), Oklahoma (OK), South Dakota (SD), Utah (UT), and Virginia (VA).
Alabama
§22-8A-18: Consent of parent or representative of a qualified minor required before instituting a Do Not Attempt Resuscitation order.
Arizona
§36-419: Do-not-resuscitate orders; minors; parental communication; definitions
Arkansas
§20-9-605: “Simon’s Law” – Consent for withholding or withdrawing treatment at end of life for minors – Definitions.
Georgia
§31-39-2(10): “Parent” means a parent who has custody of a minor, or person with legal authority to act on behalf of a minor, or is the parent of an adult without decision-making capacity.
§31-39-4(d): When a minor child is a candidate for nonresuscitation, an order not to resuscitate may be issued only with the oral or written consent of the minor’s parent, unless an exception applies pursuant to subsection (e) of this code section. If in the opinion of the attending physician the minor is of sufficient maturity to understand the nature and effect of an order not to resuscitate, then no such order shall be valid without the assent of such minor.
Idaho
§39-4516: Life-sustaining Treatment for Unemancipated Minors –”Simon’s Law”
Iowa
Kansas
§38-150: Physician care of a minor; disclosure of do-not-resuscitate order; refusal of consent; dispute resolution – “Simon’s Law”
Missouri
§191-250: Citation of law – definitions – DNR orders, requirements – revocation of consent – appointment of guardian, when – continuation of treatment required, when. – “Simon’s Law”
Oklahoma
§63-3131.4: Health care presumption and exceptions – Health care agencies not required to provide certain treatment, facilities or services. (Oklahoma Do-Not-Resuscitate Act)
§63-3101.9: Physician or health care provider unwilling to comply with Oklahoma Advance Directive Act.
§63-3090: Nondiscrimination in Treatment Act.
§63-3080: Hydration and Nutrition for Incompetent Patients Act.
South Dakota
§34-12F-9: Parental notification required to withhold resuscitation –Records – Parental objection – Court action.
Utah
§58-31b-502(1)(s), 58-67-502(1)(h), 58-68-502(1)(h), 58-70a-503(1)(h): “Unprofessional conduct” includes: designating a child as do not resuscitate without parental consent.
§75-2a-103(17): “Order for Life sustaining treatment” means an order related to life sustaining treatment, on a form designated by the Department of Health and Human Services under Section 75-2a-106, that gives direction to health care providers, health care facilities, and emergency medical services providers regarding the specific health care decisions of the individual to whom the order relates.
§75-2a-106(3)(b)(iii): An order for life sustaining Treatment shall be signed, if the individual to whom the order for life sustaining treatment relates is a minor, by a parent or guardian of the minor.
§75-2a-106(4): If an order for life sustaining treatment relates to a minor and directs that life sustaining treatment be withheld or withdrawn from the minor, the order shall include a certification by two physicians that, in their clinical judgment, an order to withhold or withdraw life sustaining treatment is in the best interest of the minor.
§75-2a-106(8): An adult, or parent or guardian of a minor, may revoke an order for life sustaining treatment by:
(a) orally informing emergency service personnel;
(b) writing “void” across the order for life sustaining treatment from;
(c) burning, tearing, or otherwise destroying or defacing:
(i) the order for life sustaining treatment form; or
(ii) a bracelet or other evidence of the order for life sustaining treatment;
(d) asking another adult to take the action described in this Subsection (8) on the individual’s behalf;
(e) signing or directing another adult to sign a written revocation on the individual’s behalf;
(f) stating, in the presence of an adult witness, that the individual wishes to revoke the order; or
(g) completing a new order for life sustaining treatment.
Virginia
§54.1-2990: Medically unnecessary health care not required; procedure when physician refuses to comply with an advance directive or a designated person’s health care decision; mercy killing or euthanasia prohibited.