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22-8A-7
Section 22-8A-7 Competency of declarant; liability of participating physician, facility,
etc. (a) A competent adult may make decisions regarding life-sustaining treatment and artificially
provided nutrition and hydration so long as that individual is able to do so. The desires
of an individual shall at all times supersede the effect of an advance directive for health
care. (b) If the individual is not competent at the time of the decision to provide, withhold,
or withdraw life-sustaining treatment or artificially provided nutrition and hydration, a
living will executed in accordance with Section 22-8A-4(a) or a proxy designation executed
in accordance with Section 22-8A-4(b) is presumed to be valid. For the purpose of this
chapter, a health care provider may presume in the absence of actual notice to the contrary
that an individual who executed an advance directive for health care was competent when it
was executed. The fact of an individual's having executed an advance directive for...
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22-8A-11
Section 22-8A-11 Surrogate; requirements; attending physician consulted, intent of patient
followed; persons who may serve as surrogate; priority; validity of decisions; liability;
form; declaratory and injunctive relief; penalties. (a) If no advance directive for health
care has been made, or if no duly appointed health care proxy is reasonably available, or
if a valid advance directive for health care fails to address a particular circumstance, subject
to the provisions of subsection (c) hereof, a surrogate, in consultation with the attending
physician, may, subject to the provisions of Section 22-8A-6, determine whether to
provide, withdraw, or withhold life-sustaining treatment or artificially provided nutrition
and hydration if all of the following conditions are met: (1) The attending physician determines,
to a reasonable degree of medical certainty, that: a. The individual is no longer able to
understand, appreciate, and direct his or her medical treatment, and b. The individual...
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22-8A-17
Section 22-8A-17 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018
REGULAR SESSION, EFFECTIVE MARCH 28, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a)
An Order for Pediatric Palliative and End of Life (PPEL) Care shall only apply in the school
setting if the order is included as part of a Palliative and End of Life Individual Health
Plan executed pursuant to Chapter 30B of Title 16. (b) The attending physician of a qualified
minor shall have no supervisory authority over a school's execution of a Palliative and End
of Life Individual Health Plan. Any health care provider or health care facility acting within
the applicable standard of care with regard to a Palliative and End of Life Individual Health
Plan is not subject to criminal or civil liability and may not be found to have committed
an act of unprofessional conduct. Nothing in this chapter or any related act involving Orders
for PPEL Care shall be construed to establish a standard of care for physicians or...
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22-8A-3
Section 22-8A-3 Definitions. As used in this chapter, the following terms shall have
the following meanings, respectively, unless the context clearly indicates otherwise: (1)
ADULT. Any person 19 years of age or over. (2) ARTIFICIALLY PROVIDED NUTRITION AND HYDRATION.
A medical treatment consisting of the administration of food and water through a tube or intravenous
line, where the recipient is not required to chew or swallow voluntarily. Artificially provided
nutrition and hydration does not include assisted feeding, such as spoon or bottle feeding.
(3) ADVANCE DIRECTIVE FOR HEALTH CARE. A writing executed in accordance with Section
22-8A-4 which may include a living will, the appointment of a health care proxy, or both such
living will and appointment of a health care proxy. (4) ATTENDING PHYSICIAN. The physician
selected by, or assigned to, the patient who has primary responsibility for the treatment
and care of the patient. (5) CARDIOPULMONARY CESSATION. A lack of pulse or...
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22-8A-4
Section 22-8A-4 Advance Directive for Health Care; living will and health care proxy.
(a) Any competent adult may execute a living will directing the providing, withholding, or
withdrawal of life-sustaining treatment and artificially provided nutrition and hydration.
Artificially provided nutrition and hydration shall not be withdrawn or withheld pursuant
to the living will unless specifically authorized therein. (b) A competent adult may execute
at any time a living will that includes a written health care proxy designation appointing
another competent adult to make decisions regarding the providing, withholding, or withdrawal
of life-sustaining treatment and artificially provided nutrition and hydration. Artificially
provided nutrition and hydration shall not be withdrawn or withheld pursuant to the proxy
designation unless specifically authorized therein. A proxy designation made pursuant to this
section shall be accepted in writing by the individual being appointed. The acceptance...
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26-1-2
Section 26-1-2 Durable power of attorney; appointment by court of guardian, etc., subsequent
to execution of durable power of attorney; effect of death of principal upon agency relationship;
affidavit by person exercising power of attorney as to lack of knowledge of revocation, etc.;
health care power of attorney. (a) A durable power of attorney is a power of attorney by which
a principal designates another his or her attorney in fact or agent in writing and the writing
contains the words "This power of attorney shall not be affected by disability, incompetency,
or incapacity of the principal" or "This power of attorney shall become effective
upon the disability, incompetency, or incapacity of the principal" or similar words showing
the intent of the principal that the authority conferred shall be exercisable notwithstanding
the principal's subsequent disability, incompetency, or incapacity. (b) All acts done by an
attorney in fact pursuant to a durable power of attorney during any...
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13A-9-150
Section 13A-9-150 Public assistance fraud; penalties. (a) For the purposes of this section,
public assistance means money or property provided directly or indirectly to eligible persons
through programs of the federal government, the state, or any political subdivision thereof,
including any program administered by a public housing authority. (b) It shall be unlawful
for an individual or business entity to knowingly do any of the following: (1) Fail, by false
statement, misrepresentation, impersonation, or other fraudulent means, to disclose a material
fact used in making a determination as to the qualification of the person to receive public
assistance. (2) Fail to disclose a change in circumstances in order to obtain or continue
to receive any public assistance to which he or she is not entitled or in an amount larger
than that to which he or she is entitled. (3) Aid and abet another person in the commission
of the prohibitions enumerated in subdivisions (1) and (2). (4) Use,...
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38-15-4
Section 38-15-4 Registration of certain youth residential institutions or organizations;
staff training plans; rights of children; licensing and inspection of food preparation areas;
access by law enforcement agencies. (a) Commencing on January 1, 2018, the department shall
register any religious, faith-based, or church nonprofit, other nonprofit, or for profit affiliated
youth residential facility, youth social rehabilitation facility, community treatment facility
for youths, youth transitional care facility, long term youth residential facility, private
alternative boarding school, private alternative outdoor program, and any organization entrusted
with the residential care of children in any organizational form or combination defined by
this section, whenever children are housed at the facility or location of the program
for a period of more than 24 hours. At a minimum, registered youth residential institution
or organization under this section shall do all of the following: (1) Be...
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25-5-77
Section 25-5-77 Expenses of medical and surgical treatment, vocational rehabilitation,
medicine, etc.; medical examinations; review by ombudsman of medical services. (a) In addition
to the compensation provided in this article and Article 4 of this chapter, the employer,
where applicable, shall pay the actual cost of the repair, refitting, or replacement of artificial
members damaged as the result of an accident arising out of and in the course of employment,
and the employer, except as otherwise provided in this amendatory act, shall pay an amount
not to exceed the prevailing rate or maximum schedule of fees as established herein of reasonably
necessary medical and surgical treatment and attention, physical rehabilitation, medicine,
medical and surgical supplies, crutches, artificial members, and other apparatus as the result
of an accident arising out of and in the course of the employment, as may be obtained by the
injured employee or, in case of death, obtained during the period...
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22-8A-8
Section 22-8A-8 Refusal of health care provider to comply; penalties. (a) A health care
provider who refuses to comply with a living will or the directions of a duly designated proxy
or a duly appointed surrogate or who refuses to honor a portable physician DNAR order executed
in compliance with the directives of this chapter and using the form designated by the State
Board of Health pursuant to this chapter shall promptly so advise the declarant and any individual
designated to act for the declarant, shall not be liable for such refusal, but shall permit
the patient to be transferred to another health care provider. Such health care provider shall
reasonably cooperate to assist the declarant, or any individual designated to act for the
declarant, in the timely transfer of the declarant to another health care provider that will
follow the directions of the portable physician DNAR order, living will, health care proxy,
or surrogate. During the time for the transfer, all life-sustaining...
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