HARRY HUGHES, Governor

3049

AVAILABLE;

(1)  A SPOUSE, OR, IF NOT REASONABLY AVAILABLE;

(2)  AN ADULT CHILD, OR, IF NOT REASONABLY AVAILABLE;

(3)  A PARENT, OR, IF NOT REASONABLY AVAILABLE;

(4)  AN ADULT SIBLING, OR, IF NOT REASONABLY

(5)  A GRANDPARENT, OR, IF NOT REASONABLY AVAILABLE;

(6)  AN ADULT GRANDCHILD.

(E) THE SUBSTITUTED CONSENT PROVIDED FOR BY SUBSECTION (D)
OF THIS SECTION MAY BE GIVEN ONLY IF 2 PHYSICIANS LICENSED BY
THIS STATE, AFTER ATTEMPTING TO CONSULT WITH THE ALLEGED DISABLED
INDIVIDUAL REGARDING THE PROPOSED HEALTH CARE, CERTIFY IN WRITING
THAT CLEAR AND CONVINCING EVIDENCE EXISTS THAT THE ALLEGED
DISABLED INDIVIDUAL IS INCAPABLE OF MAKING A RESPONSIBLE DECISION
REGARDING THE PROPOSED HEALTH CARE. ONE OF THE 2 PHYSICIANS MUST
HAVE EXAMINED THE ALLEGED DISABLED PERSON WITHIN 2 HOURS OF THE
FINDING OF DISABILITY. BOTH PHYSICIANS MUST ALSO GIVE AN OPINION
REGARDING THE CAUSE AND NATURE OF THE DISABILITY AND THE EXTENT
AND PROBABLE DURATION OF THE DISABILITY.

(F)  THE SUBSTITUTED CONSENT PROVIDED FOR BY SUBSECTION (D)
OF THIS SECTION MAY NOT BE GIVEN:

(1)  IF THE PROPOSED HEALTH CARE IS INTENDED PRIMARILY
FOR:

(I)  AN ABORTION;

(II)  STERILIZATION; OR

(III)  THE OBSERVATION, DIAGNOSIS, TREATMENT, OR
HOSPITALIZATION FOR A MENTAL DISORDER; OR

(2)  IF THE HEALTH CARE PROVIDER IS AWARE THAT THE
PERSON FOR WHOM THE HEALTH CARE IS PROPOSED IS EXPRESSING HAS
EXPRESSED DISAGREEMENT WITH THE DECISION TO PROVIDE HEALTH
CARE . ;

(3) IF THE HEALTH CARE PROVIDER KNOWS THAT THE
INDIVIDUAL GIVING SUBSTITUTED CONSENT IS NOT ACTING IN A
REASONABLE AND PRUDENT MANNER; OR

(4) IF THE HEALTH CARE PROVIDER HAS BEEN INFORMED IN
WRITING THAT 1 OR MORE OF THE PERSONS LISTED IN SUBSECTION (D)(1)
THROUGH (4) OF THIS SECTION IS OPPOSED TO THE PERFORMANCE OF THE
TREATMENT.

(G) (1) A HEALTH CARE PROVIDER WHO TREATS A DISABLED
INDIVIDUAL UNDER SUBSECTION (C) OF THIS SECTION IS NOT LIABLE FOR
CIVIL DAMAGES OR SUBJECT TO ANY CRIMINAL OR DISCIPLINARY PENALTY