Section 124 – Provisions cumulative with existing law.
75-2a-124. Provisions cumulative with existing law. The provisions of this chapter are cumulative with existing law regarding a person’s right to consent or refuse to consent to medical treatment and do not impair any existing rights or responsibilities that a health care provider, a person, including a minor or incapacitated person, or a person’s family […]
Section 109 – Effect of current health care preferences — When a surrogate may act.
75-2a-109. Effect of current health care preferences — When a surrogate may act. (1) An adult with health care decision making capacity retains the right to make health care decisions as long as the adult has health care decision making capacity as defined in Section 75-2a-103. For purposes of this chapter, the inability to communicate […]
Section 125 – Severability.
75-2a-125. Severability. If any one or more provision, section, subsection, sentence, clause, phrase, or word of this chapter, or the application of this chapter to any person or circumstance, is found to be unconstitutional, the same is hereby declared to be severable and the balance of this chapter shall remain effective notwithstanding such unconstitutionality. The […]
Section 110 – Surrogate decision making — Scope of authority.
75-2a-110. Surrogate decision making — Scope of authority. (1) A surrogate acting under the authority of either Section 75-2a-107 or 75-2a-108 shall make health care decisions in accordance with: (a) the adult’s current preferences, to the extent possible; (b) the adult’s written or oral health care directions, if any; or (c) the substituted judgment standard. […]
Section 111 – Priority of decision makers.
75-2a-111. Priority of decision makers. (1) The following is the order of priority of those authorized to make health care decisions on behalf of an adult who has been found to lack health care decision making capacity under Section 75-2a-104: (a) a health care agent appointed by an adult under the provisions of Section 75-2a-107 […]
Section 112 – Decisions by guardian.
75-2a-112. Decisions by guardian. (1) A court-appointed guardian shall comply with an adult’s advance health care directive and may not revoke the adult’s advance health care directive unless the court, for cause, expressly revokes the adult’s directive. (2) A health care decision of an agent takes precedence over that of a guardian, in the absence […]
Section 113 – Personal representative status.
75-2a-113. Personal representative status. A surrogate becomes a personal representative for an adult under the Health Insurance Portability and Accountability Act of 1996 when: (1) the adult has been found to lack health care decision making capacity under Section 75-2a-104; (2) the adult grants current authority to the surrogate either: (a) in writing; or (b) […]
Section 114 – Revocation of directive.
75-2a-114. Revocation of directive. (1) An advance directive may be revoked at any time by the declarant by: (a) writing “void” across the document; (b) obliterating, burning, tearing, or otherwise destroying or defacing the document in any manner indicating an intent to revoke; (c) instructing another to do one of the acts described in Subsection […]
Section 115 – Notification to health care provider — Obligations of health care providers — Liability.
75-2a-115. Notification to health care provider — Obligations of health care providers — Liability. (1) It is the responsibility of the declarant or surrogate, to the extent that the responsibility is not assigned to a health care provider or health care facility by state or federal law, to notify or provide for notification to a […]
Section 102 – Intent statement.
75-2a-102. Intent statement. (1) The Legislature finds: (a) developments in health care technology make possible many alternatives for treating medical conditions and make possible the unnatural prolongation of life; (b) an adult should have the clear legal choice to: (i) accept or reject health care, even if rejecting health care will result in death sooner […]