18-C §5-806. Decisions by surrogate
§5-806. Decisions by surrogate 1. Decisions by surrogate. A surrogate may make a decision to withhold or withdraw life-sustaining treatment for a patient who is an adult or emancipated minor if the patient has been determined by the primary physician to lack capacity, no agent or guardian has been appointed or the agent or guardian […]
18-C §5-807. Decisions by guardian
§5-807. Decisions by guardian 1. Compliance with expressed wishes; cannot revoke advance health care directive. Except as authorized by a court of competent jurisdiction, a guardian shall comply with the individual subject to guardianship’s individual instructions and other wishes, if any, expressed while the individual subject to guardianship had capacity and to the extent known […]
18-C §5-808. Obligations of health care provider
§5-808. Obligations of health care provider 1. Communicate to patient. Before implementing a health care decision made for a patient, a supervising health care provider, if possible, shall promptly communicate to the patient the decision made and the identity of the person making the decision. [PL 2017, c. 402, Pt. A, §2 (NEW); PL […]
18-C §5-809. Health care information
§5-809. Health care information Unless otherwise specified in an advance health care directive, a person then authorized to make health care decisions for a patient has the same rights as the patient to request, receive, examine, copy and consent to the disclosure of medical or any other health care information. [PL 2017, c. 402, […]
18-C §5-810. Immunities
§5-810. Immunities 1. Health care provider or institution. A health care provider or health care institution acting in good faith and in accordance with generally accepted health care standards applicable to the health care provider or health care institution is not subject to civil or criminal liability or to discipline for unprofessional conduct for: […]
18-C §5-811. Statutory damages
§5-811. Statutory damages 1. Health care provider or institution; intentional violation. A health care provider or health care institution that intentionally violates this Part is subject to liability to the aggrieved individual for damages of $500 or actual damages resulting from the violation, whichever is greater, plus reasonable attorney’s fees. [PL 2017, c. 402, […]
18-C §5-812. Capacity
§5-812. Capacity 1. Right to make health care decisions while having capacity. This Part does not affect the right of an individual to make health care decisions while having capacity to do so. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2. Presumed to have capacity; […]
18-C §5-813. Effect of copy
§5-813. Effect of copy A copy of a written advance health care directive, revocation of an advance health care directive or designation or disqualification of a surrogate has the same effect as the original. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY PL 2017, […]
18-C §5-814. Effect of Part
§5-814. Effect of Part 1. No presumption concerning intention if no advance health care directive or if revoked. This Part does not create a presumption concerning the intention of an individual who has not made or who has revoked an advance health care directive. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, […]
18-C §5-815. Judicial relief
§5-815. Judicial relief On petition of a patient, the patient’s agent, guardian or surrogate, a health care or social services provider or health care institution involved with the patient’s care, a state agency mandated to provide adult protective services pursuant to Title 22, chapter 958‑A, or an adult relative or adult friend of the patient, […]