Section 22-8A-1 – Short Title.
Section 22-8A-1 Short title. This chapter shall be known and may be cited as the “Natural Death Act.” (Acts 1981, No. 81-772, p. 1329, §1.)
Section 22-8A-10 – Provisions of Chapter Not an Approval of Mercy Killing, Etc.
Section 22-8A-10 Provisions of chapter not an approval of mercy killing, etc. Nothing in this chapter shall be construed to condone, authorize or approve mercy killing or physician assisted suicide or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying as provided in […]
Section 22-8A-11 – Surrogate; Requirements; Attending Physician Consulted, Intent of Patient Followed; Persons Who May Serve as Surrogate; Priority; Validity of Decisions; Liability; Form; Declaratory and Injunctive Relief; Penalties.
Section 22-8A-11 Surrogate; requirements; attending physician consulted, intent of patient followed; persons who may serve as surrogate; priority; validity of decisions; liability; form; declaratory and injunctive relief; penalties. (a) If no advance directive for health care has been made, or if no duly appointed health care proxy is reasonably available, or if a valid advance […]
Section 22-8A-12 – Validity of Advance Health Care Directive Executed in Another State.
Section 22-8A-12 Validity of advance health care directive executed in another state. An advance health care directive executed in another state in compliance with the law of that state or of this state is valid for purposes of this chapter, but this section does not authorize the administration, withholding, or withdrawal of health care otherwise […]
Section 22-8A-13 – Effect of Prior Declarations.
Section 22-8A-13 Effect of prior declarations. Any declaration made prior to August 1, 2001, shall be given effect as provided in this chapter provided that: (a) Such declaration was legally effective when written; and (b) Artificially provided nutrition and hydration shall not be withdrawn pursuant to the declaration unless specifically authorized therein. (Acts 1997, No. […]
Section 22-8A-14 – Filing and Recording of Living Will; Fee; Inspection; Duty of Declarant to Provide Copy to Health Care Providers.
Section 22-8A-14 Filing and recording of living will; fee; inspection; duty of declarant to provide copy to health care providers. (a) A person may file and have recorded a living will in the office of the judge of probate in the county where the person resides. For the purpose of this section, the term “living […]
Section 22-8A-15 – Order for Pediatric Palliative and End of Life Care for Qualified Minor; Rulemaking Authority.
Section 22-8A-15 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE MARCH 28, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) The representative of a qualified minor may execute a directive with respect to the extent of medical treatment, medication, and other interventions available to provide palliative and […]
Section 22-8A-16 – Temporary Task Force for Establishment of Order for Ppel Care Form.
Section 22-8A-16 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE MARCH 28, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) A task force is created to serve under the supervision of the Department of Public Health to establish the Order for PPEL Care form. The task force […]
Section 22-8A-17 – Application of Order for Ppel Care Form; Liability.
Section 22-8A-17 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE MARCH 28, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) An Order for Pediatric Palliative and End of Life (PPEL) Care shall only apply in the school setting if the order is included as part of a […]
Section 22-8A-18 – Consent of Parent or Representative of a Qualified Minor Required Before Instituting a Do Not Attempt Resuscitation Order.
Section 22-8A-18 Consent of parent or representative of a qualified minor required before instituting a Do Not Attempt Resuscitation order. (a) This section shall be known and may be cited as Simon’s Law. (b)(1) Unless an Order for Pediatric Palliative and End of Life (PPEL) Care has been executed by the representative of a qualified […]
Section 22-8A-2 – Legislative Intent.
Section 22-8A-2 Legislative intent. The Legislature finds that competent adult persons have the right to control the decisions relating to the rendering of their own medical care, including, without limitation, the decision to have medical procedures, life-sustaining treatment, and artificially provided nutrition and hydration provided, withheld, or withdrawn in instances of terminal conditions and permanent […]
Section 22-8A-3 – Definitions.
Section 22-8A-3 Definitions. As used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) ADULT. Any person 19 years of age or over. (2) ARTIFICIALLY PROVIDED NUTRITION AND HYDRATION. A medical treatment consisting of the administration of food and water through a tube or intravenous […]
Section 22-8A-4 – Advance Directive for Health Care; Living Will and Health Care Proxy.
Section 22-8A-4 Advance Directive for Health Care; living will and health care proxy. (a) Any competent adult may execute a living will directing the providing, withholding, or withdrawal of life-sustaining treatment and artificially provided nutrition and hydration. Artificially provided nutrition and hydration shall not be withdrawn or withheld pursuant to the living will unless specifically […]
Section 22-8A-4.1 – Validity of Dnar Orders; Adoption of Rules.
Section 22-8A-4.1 Validity of DNAR orders; adoption of rules. (a) A completed DNAR order that is properly entered and received is deemed a valid order. (b) (1) The State Board of Health shall adopt by rule the form to be used for a portable DNAR order. (2) The State Board of Health and the Board […]
Section 22-8A-5 – Revocation of Advance Directive for Health Care.
Section 22-8A-5 Revocation of advance directive for health care. (a) An advance directive for health care may be revoked at any time by the declarant by any of the following methods: (1) By being obliterated, burnt, torn, or otherwise destroyed or defaced in a manner indicating intention to cancel; (2) By a written revocation of […]
Section 22-8A-6 – Proxy to Comply With Instructions, Intent of Patient.
Section 22-8A-6 Proxy to comply with instructions, intent of patient. An individual designated to make decisions regarding the providing, withholding, or withdrawing of life-sustaining treatment or artificially provided nutrition and hydration for another pursuant to Section 22-8A-4(b) shall make those decisions according to the specific instructions or directions given to him or her in the […]
Section 22-8A-7 – Competency of Declarant; Liability of Participating Physician, Facility, Etc.
Section 22-8A-7 Competency of declarant; liability of participating physician, facility, etc. (a) A competent adult may make decisions regarding life-sustaining treatment and artificially provided nutrition and hydration so long as that individual is able to do so. The desires of an individual shall at all times supersede the effect of an advance directive for health […]
Section 22-8A-8 – Refusal of Health Care Provider to Comply; Penalties.
Section 22-8A-8 Refusal of health care provider to comply; penalties. (a) A health care provider who refuses to comply with a living will or the directions of a duly designated proxy or a duly appointed surrogate or who refuses to honor a portable physician DNAR order executed in compliance with the directives of this chapter […]
Section 22-8A-9 – Withholding or Withdrawal of Treatment, etc., Not Suicide; Execution of Advance Directive Not to Affect Sale, etc., of Life or Health Insurance nor Be Condition for Receipt of Treatment, etc.; Provisions of Chapter Cumulative.
Section 22-8A-9 Withholding or withdrawal of treatment, etc., not suicide; execution of advance directive not to affect sale, etc., of life or health insurance nor be condition for receipt of treatment, etc.; provisions of chapter cumulative. (a) The withholding or withdrawal of life-sustaining treatment or artificially provided nutrition and hydration from a patient in accordance […]