§ 23-4.11-1. 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to the rendering of their own medical care, including the decision to have life sustaining procedures withheld or withdrawn in instances of a terminal condition. (b) In order that the rights of patients may be respected […]
§ 23-4.11-10. General provisions. (a) Death resulting from the withholding or withdrawal of life sustaining procedures pursuant to a declaration and in accordance with this chapter does not constitute, for any purpose, a suicide or homicide. (b) The making of a declaration pursuant to § 23-4.11-3 does not affect in any manner the sale, procurement, […]
§ 23-4.11-11. Presumption of validity of declaration. A physician or health care provider or emergency medical services personnel may presume, in the absence of actual notice to the contrary, that a declaration complies with the requirements of this chapter and is valid. History of Section.P.L. 1991, ch. 166, § 1; P.L. 1991, ch. 308, § […]
§ 23-4.11-12. Recognition of declaration executed in another state. A declaration 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. 1991, ch. 166, § 1; P.L. 1991, ch. 308, § 1.
§ 23-4.11-13. Repealed.
§ 23-4.11-14. Instructional bracelets. (a) Upon the request of a physician, acting on behalf of a qualified patient who does not wish to be resuscitated, the department of health shall issue a nontransferable, nonremovable bracelet to a specific qualified patient, which will be marked “DNR”, meaning “do not resuscitate”. The bracelet shall also bear the […]
§ 23-4.11-15. Severability. If any provision of this chapter or its application to any person or circumstances 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 […]
§ 23-4.11-2. Definitions. The following definitions govern the construction of this chapter: (1) “Advance directive protocol” means a standardized, state-wide method developed for emergency medical services 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 […]
§ 23-4.11-3. Declaration relating to use of life sustaining procedures. (a) A competent individual eighteen (18) years of age or older may at any time execute a declaration governing the withholding or withdrawal of life sustaining procedures. The declaration must be signed by the declarant, or another at the declarant’s direction in the presence of […]
§ 23-4.11-3.1. Medical orders for life sustaining treatment. (a) The department of health shall establish rules and regulations, consistent with the provisions of this section, for the establishment of Medical Orders for Life Sustaining Treatment and the structure and content of Medical Orders for Life Sustaining Treatment forms. (b)(1) A declaration by a qualified patient […]
§ 23-4.11-4. Revocation of declaration. (a)(1) A declaration 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 upon communication to […]
§ 23-4.11-5. Recording determination of terminal condition and contents of declaration. Upon determining that the declarant is in a terminal condition, the attending physician who has notice of a declaration shall record the determination and the substance of the declaration in the declarant’s medical record. History of Section.P.L. 1991, ch. 166, § 1; P.L. 1991, […]
§ 23-4.11-6. Treatment of qualified patients. (a) A qualified 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 qualified patient is not able to make those decisions, the declaration governs decisions regarding use of life sustaining procedures. (b) This […]
§ 23-4.11-7. Transfer of patients. An attending physician or health care provider who refuses to comply with the declaration of a qualified patient pursuant to this chapter shall make the necessary arrangements to effect the transfer of the qualified patient to another physician who will effectuate the declaration of the qualified patient. History of Section.P.L. […]
§ 23-4.11-8. Immunities. (a) In the absence of actual notice of the revocation of a declaration, 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 causes the withholding or withdrawal of life sustaining procedures from […]
§ 23-4.11-9. Penalties. (a) Failure of a physician to transfer a patient pursuant to § 23-4.11-7 shall constitute “unprofessional conduct” as that term is used in § 5-37-5.1. (b) Failure of a physician to record the determination of terminal condition pursuant to § 23-4.11-5 shall constitute “unprofessional conduct” as that term is used in § […]
