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 […]
Section 35-22-406 – Decisions by Surrogate.
35-22-406. Decisions by surrogate. (a) If a valid advance health care directive does not exist, a surrogate may make a health care decision for a patient who is an adult or emancipated minor if the patient has been determined by the primary physician or the primary health care provider to lack capacity and no agent […]
Section 35-22-407 – Decisions by Guardian.
35-22-407. Decisions by guardian. (a) Repealed By Laws 2007, Ch. 61, § 2. (b) Absent a court order to the contrary, a health care decision of an agent takes precedence over that of a guardian. (c) Repealed By Laws 2007, Ch. 61, § 2. (d) Repealed By Laws 2007, Ch. 61, § 2. (e) A […]
Section 35-22-408 – Obligations of Health Care Provider.
35-22-408. Obligations of health care provider. (a) Before implementing a health care decision made for a patient who is able to comprehend, a primary health care provider shall promptly communicate to the patient the decision made and may communicate the identity of the person making the decision. (b) A primary health care provider who knows […]
Section 35-22-304 – Duty to Comply; Immunity; Effect on Criminal Charges Against Another Person.
35-22-304. Duty to comply; immunity; effect on criminal charges against another person. (a) Emergency medical service personnel in emergency situations if they are aware of the person’s psychiatric advance directive, psychiatric personnel, health care providers and health care facilities shall comply with a person’s psychiatric advance directive to the extent medically indicated. (b) Any emergency […]
Section 35-22-305 – Effect of Declaration After Inpatient Admission.
35-22-305. Effect of declaration after inpatient admission. A psychiatric advance directive for any person who is admitted to a health care facility or mental health facility shall be implemented as directed by the psychiatric advance directive, pending further physician’s orders. The psychiatric advance directive may be deviated from only with the consent of the admitted […]
Section 35-22-306 – Effect of Directive on Life or Health Insurance.
35-22-306. Effect of directive on life or health insurance. Neither a psychiatric advance directive nor the failure of a person to execute one shall affect, impair or modify any contract of life or health insurance or annuity or be the basis for any delay in issuing or refusing to issue an annuity or policy of […]