Section 35-22-412 – Capacity.
35-22-412. Capacity. (a) This act does not affect the right of an individual to make health care decisions while having capacity to do so. (b) An individual is presumed to have capacity to make a health care decision, to give or revoke an advance health care directive, and to designate or disqualify a surrogate unless […]
Section 35-22-413 – Effect of Copy.
35-22-413. 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.
Section 35-22-414 – Effect of Act.
35-22-414. Effect of act. (a) This act does not create a presumption concerning the intention of an individual who has not made or who has revoked an advance health care directive. (b) Death resulting from the withholding or withdrawal of health care in accordance with this act does not for any purpose constitute a suicide […]
Section 35-22-415 – Judicial Relief.
35-22-415. Judicial relief. On petition of a patient, the patient’s agent, guardian or surrogate, a health care provider or institution involved with the patient’s care, or an individual described in W.S. 35-22-406(b) or (c) the district court may enjoin or direct a health care decision or order other equitable relief. A proceeding under this section […]
Section 35-22-409 – Health Care Information.
35-22-409. 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.
Section 35-22-410 – Immunities.
35-22-410. Immunities. (a) A health care provider or institution acting in good faith and in accordance with generally accepted health care standards applicable to the health care provider or institution is not subject to civil or criminal liability or to discipline for: (i) Complying with a health care decision of a person apparently having authority […]
Section 35-22-411 – Statutory Damages.
35-22-411. Statutory damages. (a) A health care provider or institution that violates this act willfully or with reckless disregard of the patient’s instruction or health care decision is subject to liability to the aggrieved individual for damages of five hundred dollars ($500.00) or actual damages resulting from the violation, whichever is greater, plus reasonable attorney’s […]
Section 35-22-402 – Definitions.
35-22-402. Definitions. (a) As used in this act: (i) “Advance health care directive” means an individual instruction or a power of attorney for health care, or both; (ii) “Agent” means an individual designated in a power of attorney for health care to make a health care decision for the individual granting the power; (iii) “Artificial […]
Section 35-22-403 – Advance Health Care Directives.
35-22-403. Advance health care directives. (a) An adult or emancipated minor may give an individual instruction. The instruction may be oral or written. The instruction may be limited to take effect only if a specified condition arises. (b) An adult or emancipated minor may execute a power of attorney for health care, which may authorize […]
Section 35-22-404 – Revocation of Advance Health Care Directive.
35-22-404. Revocation of advance health care directive. (a) An individual with capacity may revoke the designation of an agent only by a signed writing. (b) An individual with capacity may revoke all or part of an advance health care directive, other than the designation of an agent, at any time and in any manner that […]