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WILLIAM DONALD SCHAEFER, Governor Ch. 372
20A-106. SAME; PERSISTENT VEGETATIVE STATE.
(A) FOR PURPOSES OF THIS TITLE, AND EXCEPT AS PROVIDED IN SUBSECTION
(B) OF THIS SECTION, AN INDIVIDUAL IS IN A PERSISTENT VEGETATIVE STATE ONLY
IF TWO PHYSICIANS, ONE OF WHOM IS THE ATTENDING PHYSICIAN OF THE
INDIVIDUAL, AFTER EXAMINING THE INDIVIDUAL, CERTIFY ON THE BASIS OF THE
BEST MEDICAL EVIDENCE REASONABLY AVAILABLE THAT:
(1) AT THE TIME OF CERTIFICATION, THE INDIVIDUAL IS IN A
PERSISTENT VEGETATIVE STATE; AND
(2) FOR A PERIOD OF AT LEAST 9 MONTHS, THE INDIVIDUAL HAS NOT
EXHIBITED ANY CLINICAL SIGN OF CAPACITY FOR THOUGHT, PURPOSEFUL ACTION,
AND AWARENESS OF SELF AND ENVIRONMENT.
(B) (1) AN INDIVIDUAL IS IN A PERSISTENT VEGETATIVE STATE IF TWO
PHYSICIANS MEETING THE REQUIREMENTS OF PARAGRAPH (2) OF THIS
SUBSECTION, AFTER EXAMINING THE INDIVIDUAL, CERTIFY ON THE BASIS OF THE
BEST MEDICAL EVIDENCE REASONABLY AVAILABLE THAT:
(I) AT THE TIME OF CERTIFICATION, THE INDIVIDUAL IS IN A
PERSISTENT VEGETATIVE STATE; AND
(II) THE CONDITION OF THE INDIVIDUAL HAS PERSISTED FOR A
LENGTH OF TIME SUFFICIENT TO PERMIT THE CONCLUSION, TO A REASONABLE
DEGREE OF MEDICAL PROBABILITY, THAT ADDITIONAL TIME TO CONFIRM THE
DIAGNOSIS IS UNNECESSARY, CONSIDERING:
1. THE EXTRAORDINARY SEVERITY OF THE TRAUMA OR
OTHER INJURY TO THE BRAIN OR ILLNESS AFFECTING THE BRAIN THAT THE
INDIVIDUAL HAS SUFFERED; AND
2. THE ABSENCE OF ANY POTENTIAL FOR REHABILITATION
OF THE INDIVIDUAL.
(2) OF THE TWO PHYSICIANS WHO MAKE A CERTIFICATION UNDER
PARAGRAPH (1) OF THIS SUBSECTION:
(I) ONE SHALL BE THE ATTENDING PHYSICIAN OF THE
INDIVIDUAL; AND
(II) THE OTHER SHALL BE A NEUROLOGIST, NEUROSURGEON, OR
OTHER PHYSICIAN WHO HAS SPECIAL EXPERTISE IN THE EVALUATION OF
COGNITIVE FUNCTIONING.
20A-107. SAME; INCAPACITY.
FOR PURPOSES OF THIS TITLE, AN INDIVIDUAL IS INCAPACITATED ONLY IF
TWO PHYSICIANS, ONE OF WHOM IS THE ATTENDING PHYSICIAN OF THE
INDIVIDUAL, CERTIFY THAT AT THE TIME OF CERTIFICATION THE INDIVIDUAL IS
INCAPACITATED.
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