36-3201. Definitions In this chapter, unless the context otherwise requires: 1. " Agent" means an adult who has the authority to make health care treatment decisions for another person, referred to as the principal, pursuant to a health care power of attorney. 2. " Artificially administered" means providing food or fluid through a medically invasive […]
36-3202. Revocation of health care directive; disqualification of surrogate Except as provided in section 36-3285 in regard to a mental health care power of attorney, a person may revoke the person’s own health care directive or disqualify a surrogate by doing any of the following: 1. Making a written revocation of a health care directive […]
36-3203. Surrogate; authority; responsibilities; immunity A. A person authorized as a surrogate to make health care decisions under this chapter is not responsible for paying the patient’s health care costs unless the person is otherwise required to do so. B. This chapter does not authorize a surrogate to consent to any act or omission to […]
36-3204. Responsibilities of health care providers A. A health care provider shall comply with health care decisions made by the patient’s surrogate unless those decisions are inconsistent with the patient’s health care directive as known to the provider or the provider has transferred responsibility to another provider pursuant to section 36-3205, subsection C, paragraph 1. […]
36-3205. Health care providers; immunity from liability; conditions A. A health care provider who makes good faith health care decisions in reliance on the provisions of an apparently genuine health care directive or the direction of a surrogate is immune from criminal and civil liability and is not subject to professional discipline for that reliance. […]
36-3206. Enforcement or challenge of a directive or decision; judicial proceedings; automatic stays A. An interested person may file a verified petition with the superior court to determine the validity or effect of a health care directive or the decision of a surrogate. B. The petition shall include the following information: 1. The name and […]
36-3207. Health care directives; effect on insurance and medical coverage A. A person shall not require a person to execute or prohibit a person from executing a health care directive as a condition for providing health care services or insurance. B. An insurer shall not refuse to pay for goods or services under a patient’s […]
36-3208. Prior and out of state health care directives; validity A health care directive prepared before September 30, 1992, or prepared in another state, district or territory of the United States is valid in this state if it was valid in the place where and at the time when it was adopted and only to […]
36-3209. Health care directives; conflicts A. If there are conflicts among the provisions of valid health care directives, the most recent directive is deemed to represent the wishes of the patient. B. Notwithstanding any other law, if there is a conflict between a provision of a valid health care directive, the decision of a patient’s […]
36-3210. Suicide; mercy killing This chapter does not approve or authorize suicide, assisted suicide or mercy killing.
36-3211. Principals; significant relationships; contact orders; definitions A. Unless inconsistent with the express directions of the principal in a health care directive, an agent shall encourage and allow contact between the principal and other persons who have a significant relationship with the principal. B. An agent may not limit, restrict or prohibit reasonable contact between […]
