WILLIAM DONALD SCHAEFER, Governor                         Ch. 372

20A-207. PROTECTION OF INCAPACITATED PATIENT.

(A)    THIS TITLE DOES NOT DIMINISH THE RIGHT OR DUTY OF A HEALTH CARE
PROVIDER UNDER CURRENT LAW OR PRACTICE TO SEEK THE PROTECTION OF AN
INCAPACITATED INDIVIDUAL IN THE CARE OF THE HEALTH CARE PROVIDER
AGAINST A HEALTH CARE DECISION THAT THE HEALTH CARE PROVIDER
REASONABLY BELIEVES:

(1) IS CONTRARY TO THE WISHES OF THE INCAPACITATED INDIVIDUAL;

(2) WOULD HARM THE INCAPACITATED INDIVIDUAL; OR

(3) IS PROHIBITED BY THIS TITLE.

(B)     A HEALTH CARE PROVIDER FOR AN INCAPACITATED INDIVIDUAL WHO

BELIEVES THAT AN INSTRUCTION TO WITHHOLD OR WITHDRAW A

LIFE SUSTAINING PROCEDURE FROM THE INCAPACITATED INDIVIDUAL IS NOT
REASONABLE AND PRUDENT SHALL:

(1) PETITION A PATIENT CARE ADVISORY COMMITTEE FOR ADVICE
CONCERNING THE WITHHOLDING OR WITHDRAWAL OF THE LIFE SUSTAINING
PROCEDURE FROM THE INCAPACITATED INDIVIDUAL IF THE INDIVIDUAL IS IN A
HOSPITAL OR RELATED INSTITUTION;

(2) BRING THE MATTER TO THE ATTENTION OF A STATE OR LOCAL
GOVERNMENT AGENCY HAVING AUTHORITY TO PROTECT THE WELFARE OF THE
INCAPACITATED INDIVIDUAL; OR

(3) FILE A PETITION IN A COURT OF COMPETENT JURISDICTION
SEEKING INJUNCTIVE OR OTHER RELIEF RELATING TO THE WITHHOLDING OR
WITHDRAWAL OF THE LIFE SUSTAINING PROCEDURE FROM THE INCAPACITATED
INDIVIDUAL.

20A-208. INSTRUCTIONS CONTRARY TO BELIEF OR POLICY.

(A)     NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A HEALTH CARE
PROVIDER IS NOT REQUIRED TO VIOLATE THE RELIGIOUS, MORAL, OR ETHICAL
BELIEF OR POLICY OF THE HEALTH CARE PROVIDER BY:

(1) PROVIDING HEALTH CARE; OR

(2) WITHHOLDING OR WITHDRAWING A LIFE-SUSTAINING

PROCEDURE.

(B)     IF A HEALTH CARE PROVIDER INTENDS NOT TO COMPLY WITH AN
INSTRUCTION REGARDING THE HEALTH CARE OF AN INDIVIDUAL IN RELIANCE ON
SUBSECTION (A) OF THIS SECTION, THE HEALTH CARE PROVIDER SHALL;

(1) INFORM THE PERSON GIVING THE INSTRUCTION THAT:

(I) THE HEALTH CARE PROVIDER DECLINES TO CARRY OUT THE
INSTRUCTION;

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