As used in this subchapter: (1) “Attending physician” means the physician who has primary responsibility for the treatment and care of the patient; (2) (A) “Declaration” means a writing executed in accordance with the requirements of § 20-17-202(a). (B) “Declaration” is an advance directive under § 20-6-102; (3) “Healthcare provider” means a person who is […]
(a) (1) An individual of sound mind and eighteen (18) or more years of age may execute at any time a declaration governing the withholding or withdrawal of life-sustaining treatment. The declaration must be signed by the declarant, or another at the declarant’s direction, and witnessed by two (2) individuals. (2) A declaration executed under […]
A declaration becomes operative when: (i) it is communicated to the attending physician; and, (ii) the declarant is determined by the attending physician and another physician in consultation either to be in a terminal condition and no longer able to make decisions regarding administration of life-sustaining treatment or to be permanently unconscious. When the declaration […]
(a) (1) A declaration may be revoked at any time and in any manner by the declarant without regard to the declarant’s mental or physical condition. A revocation is effective upon communication to the attending physician or other healthcare provider by the declarant or a witness to the revocation. (2) (A) The wishes of a […]
Upon determining that the declarant is in a terminal condition or permanently unconscious, the attending physician who knows of a declaration shall record the determination and the terms of the declaration in the declarant’s medical record.
(a) A qualified patient may make decisions regarding life-sustaining treatment as long as the patient is able to do so. (b) This subchapter does not affect the responsibility of the attending physician or other healthcare provider to provide treatment, including nutrition or hydration, or both, for a patient’s comfort or alleviation of pain. (c) The […]
(a) A declaration under this subchapter is a written advance directive under the Arkansas Healthcare Decisions Act, § 20-6-101 et seq. (b) The provisions of the Arkansas Healthcare Decisions Act, § 20-6-101 et seq., concerning compliance by a healthcare provider or healthcare institution apply to: (1) Determine whether an attending physician or other healthcare provider […]
(a) In the absence of knowledge of the revocation of a declaration, a person is not subject to civil or criminal liability or discipline for unprofessional conduct for carrying out the declaration pursuant to the requirements of this subchapter. (b) A physician or other healthcare provider, whose actions under this subchapter are in accord with […]
(a) A physician or other healthcare provider who willfully fails to transfer in accordance with § 20-17-207 is guilty of a Class A misdemeanor. (b) A physician who willfully fails to record the determination of terminal condition or permanent unconsciousness in accordance with § 20-17-205 is guilty of a Class A misdemeanor. (c) An individual […]
(a) Death resulting from the withholding or withdrawal of life-sustaining treatment pursuant to a declaration and in accordance with this subchapter does not constitute, for any purpose, a suicide or homicide. (b) The making of a declaration pursuant to § 20-17-202 does not affect in any manner the sale, procurement, or issuance of any policy […]
In the absence of knowledge to the contrary, a physician or other healthcare provider may presume that a declaration complies with this subchapter and is valid.
A declaration executed in another state in compliance with the law of that state or of this state is validly executed for purposes of this subchapter.
An instrument executed before July 20, 1987, which substantially complies with § 20-17-202(a) must be given effect pursuant to the provision of this subchapter.
(a) If any person is a minor or an adult where a valid declaration does not exist and a healthcare proxy has not been designated and who, in the opinion of the attending physician, is no longer able to make healthcare decisions, then the declaration may be executed in the same form on his or […]
This subchapter may be cited as the “Arkansas Rights of the Terminally Ill or Permanently Unconscious Act”.
If any provision of this subchapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subchapter which can be given effect without the invalid provision or application, and to this end, the provisions of this subchapter are severable.
This subchapter takes effect on July 20, 1987.
The following acts and parts of acts are repealed: (1) Acts 1977, No. 879; and (2) All laws and parts of laws in conflict with this subchapter.
