(1) "No code"
order means a medical order regarding a terminally ill patient directing a
hospital and its staff not to use heroic medical efforts in the event of
cardiac or respiratory failure. Heroic medical efforts include invasive and
traumatic life-saving techniques such as intracardial medication, intracardial
massage and electric shock treatment. No code orders include "do not
resuscitate" orders or orders stated in different language attempting to
accomplish substantially the same result as a "no code" order. See
Custody of a Minor, 385 Mass. 697, 434 N.E.2d 601 (1982).
No Consent by
Department. Department staff shall not consent to the entry of a
"no code" order for any ward or child in its care or custody. See
Custody of a Minor, 434 N.E.2d 601 (1982).
(a) With respect to a
child who is in the care of the Department, the right to consent or to refuse
to consent to the entry of a "no code" order shall remain with the child's
parents, unless otherwise limited by court order. If the Department has reason
to believe that the parents are guilty of medical neglect by their consent to a
"no code" order, the Department shall seek custody through a court proceeding
which alleges medical neglect.
With respect to a child who is a ward of the Department or is in Department
custody, when a medical provider seeks the Department's consent to the entry of
a "no code" order, the Department shall not consent unless it seeks and
receives prior judicial approval for the entry of a "no code" order, even if
the child's biological parents have consented to the entry of such order.
See Custody of a Minor, 434 N.E.2d 601, 608 (1982). When
seeking prior judicial approval, the Department shall file a Motion for
Appointment of a Guardian ad Litem to investigate whether such order should