Who provides consent for a Do Not Intubate (DNI) order?
Do Not Intubate (DNI) is not addressed in DNR PH law. • An individual with capacity (the ability to make health care decision) can provide their own consent for DNI in the absence of full arrest. • If the individual lacks capacity and has a designated health care agent or proxy, then the health care agent or proxy can provide consent for DNI in the absence of full arrest. The Agent can make all decisions just as the patient can, including DNI. • If the individual lacks capacity and does not have a designated health care agent or proxy, then a decision for DNI in the absence of full arrest can only be made with “clear and convincing” evidence. “Clear and convincing” evidence is defined by a living will or repeated oral expression of wishes instead of application of a literal interpretation of an isolated, out-of-context, patient statement made earlier in life.
