327K-2 [Provider] orders for life-sustaining treatment form; execution; explanation; compliance; revocation. (a) The following may execute a form:

(1) The patient;

(2) The patient's provider; and

(3) The legally authorized representative, but only if the patient:

(A) Lacks capacity; or

(B) Has designated that the legally authorized representative is authorized to execute the form.

The patient's provider may medically evaluate the patient and, based upon the evaluation, may recommend new orders consistent with the most current information available about the individual's health status and goals of care. The patient's provider shall consult with the patient or the patient's legally authorized representative before issuing any new orders on a form. The patient or the patient's legally authorized representative may choose to execute or not execute any new form. If a patient is incapacitated, the patient's legally authorized representative shall consult with the patient's provider before requesting the patient's provider to modify treatment orders on the form. To be valid, a form shall be signed by the patient's provider and the patient, or the patient's provider and the patient's legally authorized representative. At any time, a patient, or, if incapacitated, the patient's legally authorized representative, may request alternative treatment that differs from the treatment indicated on the form.

(b) The patient's physician or a health care provider shall explain to the patient the nature and content of the form, including any medical intervention or procedures, and shall also explain the difference between an advance health-care directive and the form. The form shall be prepared by the patient's physician or a health care provider based on the patient's preferences and medical indications.

(c) Any health care provider, including the patient's physician, emergency medical services personnel, and emergency physicians shall comply with a properly executed and signed form and treat the patient according to the orders on the form; provided that compliance shall not be required if the orders on the form request medically ineffective health care or health care that is contrary to generally accepted health care standards.

(d) A patient having capacity, or, if the patient is incapacitated, the patient's legally authorized representative, may revoke a form at any time and in any manner that communicates intent to revoke. [L 2009, c 186, pt of 1; am L 2014, c 154, 4]

 

 

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