§ 23-4.10-1. Purpose. (a) The legislature finds that adult persons have the fundamental right to control the decisions relating to the rendering of their own medical care. (b) In order that the rights of patients may be respected even after they are no longer able to participate actively in decisions about themselves, the legislature declares […]
§ 23-4.10-1.1. Definitions. The following definitions govern the construction of this chapter: (1) “Advance directive protocol” means a standardized, state-wide method developed for emergency service personnel by the department of health and approved by the ambulance service advisory board, of providing palliative care to, and withholding life-sustaining procedures from, a qualified patient. (2) “Artificial feeding” […]
§ 23-4.10-10. Presumption of validity of durable power of attorney. A physician or health care provider or emergency medical services personnel may presume, in the absence of actual notice to the contrary, that a durable power of attorney complies with the requirements of this chapter and is valid. History of Section.P.L. 1992, ch. 443, § […]
§ 23-4.10-11. Recognition of durable power of attorney executed in another state. A durable power of attorney executed in another state in compliance with the law of that state is validly executed for purposes of this chapter. History of Section.P.L. 1992, ch. 443, § 2.
§ 23-4.10-12. Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. History […]
§ 23-4.10-2. Statutory form of durable power of attorney. The statutory form of durable power of attorney is as follows: STATUTORY FORM DURABLE POWER OF ATTORNEY FOR HEALTH CARE WARNING TO PERSON EXECUTING THIS DOCUMENT This is an important legal document which is authorized by the general laws of this state. Before executing this document, […]
§ 23-4.10-3. Revocation. (a) A durable power of attorney may be revoked at any time and in any manner by which the declarant is able to communicate an intent to revoke, without regard to mental or physical condition. A revocation is only effective as to the attending physician or any health care provider or emergency […]
§ 23-4.10-4. Recording contents of durable power of attorney. The attending physician who had knowledge of the existence of a durable power of attorney shall note in the medical record the existence of the durable power of attorney. In the instance where the durable power of attorney includes a DNR (do not resuscitate) order, that […]
§ 23-4.10-5. Treatment of patients. (a) A patient has the right to make decisions regarding use of life sustaining procedures as long as the patient is able to do so. If a patient is not able to make those decisions, the durable power of attorney governs decisions regarding use of life sustaining procedures. (b) This […]
§ 23-4.10-6. Transfer of patients. An attending physician or health-care provider who refuses to comply with the durable power of attorney of a patient pursuant to this chapter shall make the necessary arrangements to effect the transfer of the patient to another physician who will effectuate the durable power of attorney of the patient. History […]
§ 23-4.10-7. Immunities. (a) In the absence of actual notice of the revocation of a durable power of attorney, the following, while acting in accordance with the requirements of this chapter, are not subject to civil or criminal liability or charges of unprofessional conduct: (1) A physician who acts pursuant to the terms of a […]
§ 23-4.10-8. Penalties. (a) Failure of a physician to transfer a patient pursuant to § 23-4.10-6 shall constitute “unprofessional conduct” as that term is used in § 5-37-5.1. (b) Any person who willfully conceals, cancels, defaces, or obliterates the durable power of attorney of another absent the declarant’s consent or direction or who falsifies or […]
§ 23-4.10-9. General provisions. (a) Death resulting from the withholding or withdrawal of life-sustaining procedures pursuant to a durable power of attorney and in accordance with this chapter does not constitute, for any purpose, a suicide or homicide. (b) The making of a durable power of attorney pursuant to § 23-4.10-3 does not affect in […]
