34-12H-1. Definitions. Terms used in this chapter mean: (1)”Advance health care directive,” a durable power of attorney executed under §§59-7-2.1 to 59-7-2.4, inclusive, a living will executed under chapter 34-12D, or an EMS cardiopulmonary resuscitation directive executed pursuant to chapter 34-12F; (2)”Authorized representative,” a person authorized to make health care decisions for a patient pursuant […]
34-12H-10. Refusal of health care provider to comply with MOST. A health care provider who refuses to comply with the provisions of a duly executed MOST shall: (1)Not prevent the transfer of the patient to another health care provider who is willing to comply with the MOST; and (2)Continue providing care for the patient until […]
34-12H-11. Execution or revocation of MOST may not be condition for providing health care. A health care provider may not require or prohibit the execution or revocation of a MOST as a condition for providing health care. Source: SL 2019, ch 146, §11.
34-12H-12. Immunity of health care provider. A health care provider acting in good faith and in accordance with generally accepted health care standards applicable to the health care provider is not subject to civil or criminal liability or to discipline for unprofessional conduct for: (1)Complying with a MOST and assuming that it was valid when […]
34-12H-2. Patient or representative may execute MOST. A patient with decision-making capacity, or in the case that a patient lacks decision-making capacity, the patient’s authorized representative, may execute a MOST in the form and manner prescribed by §34-12H-4. Source: SL 2019, ch 146, §2.
34-12H-3. Representative may only act when patient lacks decision-making capacity. A patient’s authorized representative may execute a MOST only if the patient lacks decision-making capacity. The patient’s lack of decision-making capacity shall be recorded in the patient’s medical record. Source: SL 2019, ch 146, §3.
34-12H-4. MOST form–Contents. The secretary shall develop a standardized form for a MOST and instructions for completion of the form. The secretary shall make the form available to the public on the department’s website. A completed form includes: (1)The name and date of birth of the patient; (2)A statement that the patient either has or […]
34-12H-5. MOST form part of medical record. An original or a copy of a MOST form completed and signed in accordance with §34-12H-4 is a valid medical order for scope of treatment unless revoked. Any health care provider who receives a valid MOST shall make the document part of the patient’s medical record. Source: SL […]
34-12H-6. Out-of-state documents valid in state. A document executed in another state or jurisdiction that meets the requirements for a valid medical order for scope of treatment in that state or jurisdiction is valid in this state. Source: SL 2019, ch 146, §6.
34-12H-7. Physician to treat patient in accordance with MOST. Except as provided in §§34-12H-8 to 34-12H-10, inclusive, any health care provider who has actual knowledge of a patient’s MOST shall treat the patient in accordance with the preferences indicated in the MOST. Source: SL 2019, ch 146, §7.
34-12H-8. Conflict between patient’s MOST and patient’s other directives. If there is a conflict between a patient’s MOST and a patient’s oral directives or any written directives in an advance health care directive, the health care provider shall treat the patient in accordance with the most recent instruction. Source: SL 2019, ch 146, §8.
34-12H-9. Revocation of MOST. A patient with decision-making capacity may revoke a MOST at any time by: (1)Destroying or defacing the MOST with the intent to revoke; (2)A written revocation of the MOST, signed and dated by the patient; or (3)An oral expression of the intent to revoke the MOST, in the presence of a […]
