{"title":"Operationalising the right to refuse treatment: karnataka’s 2025 response to the 2023 Order","authors":"Uzodinma Yurriens Ezenduka, Debarati Halder","doi":"10.1016/j.pcorm.2025.100557","DOIUrl":null,"url":null,"abstract":"<div><h3>Background</h3><div>Indian law recognises refusal of life-sustaining treatment and accepts advance directives. The order of 24 January 2023 sets attestation before a notary or a Gazetted Officer, allows authenticity checks through digital health records or named public custodians, and assigns activation to Primary and Secondary Medical Boards. This study asks whether Karnataka’s 2025 measures supply the required custody route and how hospitals can record cross-district verification within existing law.</div></div><div><h3>Methods</h3><div>Doctrinal analysis of national rules and Karnataka’s 2025 instruments; review of professional guidance on end-of-life decisions and Do-Not-Attempt-Resuscitation (DNAR); and use of migration data to frame document reach. From these sources, a concise verification workflow and audit checks were derived.</div></div><div><h3>Findings</h3><div>Karnataka names the Joint Commissioner in each Bruhat Bengaluru Mahanagara Palike zone and the Executive Officer of each taluk panchayat as custodians, and standardises Secondary Medical Boards from existing practitioner pools, with judicial acknowledgment of compliance. A three-channel method suits high mobility: consented access to a personal health record, contact with persons named in the directive, and written confirmation from the identified custodian. The file then carries an authenticity note recording version, attestation, source, and times, plus time-stamped minutes from both Boards. Treating authenticity as reach and version control improves reliability across districts and yields clear audit points, including time to first verified copy and concordance across versions.</div></div><div><h3>Conclusions</h3><div>Karnataka’s measures answer the custody question in the affirmative and allow verification within the national scheme. With attested directives, named contacts, reachable custodians, DNAR where relevant, and brief reasoned minutes, hospitals can produce a reviewable record that supports timely decisions while respecting autonomy and privacy.</div></div>","PeriodicalId":53468,"journal":{"name":"Perioperative Care and Operating Room Management","volume":"41 ","pages":"Article 100557"},"PeriodicalIF":1.0000,"publicationDate":"2025-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Perioperative Care and Operating Room Management","FirstCategoryId":"1085","ListUrlMain":"https://www.sciencedirect.com/science/article/pii/S2405603025000986","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Nursing","Score":null,"Total":0}
引用次数: 0
Abstract
Background
Indian law recognises refusal of life-sustaining treatment and accepts advance directives. The order of 24 January 2023 sets attestation before a notary or a Gazetted Officer, allows authenticity checks through digital health records or named public custodians, and assigns activation to Primary and Secondary Medical Boards. This study asks whether Karnataka’s 2025 measures supply the required custody route and how hospitals can record cross-district verification within existing law.
Methods
Doctrinal analysis of national rules and Karnataka’s 2025 instruments; review of professional guidance on end-of-life decisions and Do-Not-Attempt-Resuscitation (DNAR); and use of migration data to frame document reach. From these sources, a concise verification workflow and audit checks were derived.
Findings
Karnataka names the Joint Commissioner in each Bruhat Bengaluru Mahanagara Palike zone and the Executive Officer of each taluk panchayat as custodians, and standardises Secondary Medical Boards from existing practitioner pools, with judicial acknowledgment of compliance. A three-channel method suits high mobility: consented access to a personal health record, contact with persons named in the directive, and written confirmation from the identified custodian. The file then carries an authenticity note recording version, attestation, source, and times, plus time-stamped minutes from both Boards. Treating authenticity as reach and version control improves reliability across districts and yields clear audit points, including time to first verified copy and concordance across versions.
Conclusions
Karnataka’s measures answer the custody question in the affirmative and allow verification within the national scheme. With attested directives, named contacts, reachable custodians, DNAR where relevant, and brief reasoned minutes, hospitals can produce a reviewable record that supports timely decisions while respecting autonomy and privacy.
期刊介绍:
The objective of this new online journal is to serve as a multidisciplinary, peer-reviewed source of information related to the administrative, economic, operational, safety, and quality aspects of the ambulatory and in-patient operating room and interventional procedural processes. The journal will provide high-quality information and research findings on operational and system-based approaches to ensure safe, coordinated, and high-value periprocedural care. With the current focus on value in health care it is essential that there is a venue for researchers to publish articles on quality improvement process initiatives, process flow modeling, information management, efficient design, cost improvement, use of novel technologies, and management.