Code of Alabama

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22-8A-8
(c) Any person who willfully conceals, cancels, defaces, obliterates, or damages the portable
physician DNAR order or advance directive for health care of another without the declarant's
consent or who falsifies or forges a revocation of the advance directive for health care of
another shall be guilty of a Class A misdemeanor. (d) Any person who falsifies or forges the
portable physician DNAR order or advance directive for health care of another, or willfully
conceals or withholds personal knowledge of the revocation of a portable physician
DNAR order or advance directive for health care, with the intent to cause a withholding or
withdrawal of resuscitative measures or life-sustaining treatment or artificially provided
nutrition and hydration contrary to the wishes of the declarant, and thereby, because of such
act, directly causes life-sustaining treatment or artificially provided nutrition and hydration
to be withheld or withdrawn and death to be hastened, shall be guilty...
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22-8A-3
by the law of this state to administer or provide health care in the ordinary course of business
or in the practice of a profession. (9) HEALTH CARE PROXY. Any person designated to act on
behalf of an individual pursuant to Section 22-8A-4. (10) LIFE-SUSTAINING TREATMENT. Any medical
treatment, procedure, or intervention that, in the judgment of the attending physician, when
applied to the patient, would serve only to prolong the dying process where the patient has
a terminal illness or injury, or would serve only to maintain the patient in a condition
of permanent unconsciousness. These procedures shall include, but are not limited to, assisted
ventilation, cardiopulmonary resuscitation, renal dialysis, surgical procedures, blood transfusions,
and the administration of drugs and antibiotics. Life-sustaining treatment shall not include
the administration of medication or the performance of any medical treatment where, in the
opinion of the attending physician, the medication or...
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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-4
The acceptance shall be evidenced in writing and attached to the proxy designation. The proxy
designation may be a separate document or part of a living will. (1) The designation of an
attorney-in-fact, made pursuant to Section 26-1-2, as amended from time to time, who is specifically
authorized to make decisions regarding the providing, withholding, or withdrawing of life-sustaining
treatment or artificially provided nutrition and hydration in instances involving terminal
illness or injury and permanent unconsciousness, constitutes for purposes of this chapter
a proxy designating another individual to act for the declarant pursuant to this subsection,
provided, however, that the authority granted to an attorney-in-fact to make such decisions
shall be the same as the authority granted in this chapter to a health care proxy. The appointment
shall be limited to the specific directions enumerated in the appointment. (2) Any powers
granted to a health care proxy in an advance...
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22-8A-2
Section 22-8A-2 Legislative intent. The Legislature finds that competent adult persons have
the right to control the decisions relating to the rendering of their own medical care, including,
without limitation, the decision to have medical procedures, life-sustaining treatment, and
artificially provided nutrition and hydration provided, withheld, or withdrawn in instances
of terminal conditions and permanent unconsciousness. In order that the rights of individuals
may be respected even after they are no longer able to participate actively in decisions about
themselves, the Legislature hereby declares that the laws of this state shall recognize the
right of a competent adult person to make a written declaration instructing his or her physician
to provide, withhold, or withdraw life-sustaining treatment and artificially provided nutrition
and hydration or designate by lawful written form a health care proxy to make decisions on
behalf of the adult person concerning the providing,...
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22-8B-6
Section 22-8B-6 Construction of chapter. Nothing in this chapter shall be construed to prohibit
a physician or health care provider from doing any of the following: (1) Participating in
the execution of a person sentenced by a court to death by any means recognized by Alabama
law. (2) Following a patient's wishes or health care proxy's instructions to withhold or withdraw
life-sustaining treatment or artificially provided nutritional hydration. (3) Prescribing
and administering palliative care or pain medication treatment options intended to relieve
pain while the illness or condition of the patient follows its natural course. (4) Following
the wishes or instructions of an individual which are made in compliance with Chapter 8A.
(Act 2017-231, ยง6.)...
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22-21B-3
Section 22-21B-3 Definitions. The following words and terms shall have the meanings ascribed
to them in this section, unless otherwise required by their respective context: (1) CONSCIENCE.
The religious, moral, or ethical principles held by a health care provider. (2) DISCRIMINATION.
Discrimination includes, but is not limited to: Hiring, termination, refusal of staff privileges,
refusal of board certification, demotion, loss of career specialty, reduction of wages or
benefits, adverse treatment in the terms and conditions of employment, refusal to award any
grant, contract, or other program, or refusal to provide residency training opportunities.
(3) HEALTH CARE PROVIDER. Any individual who may be asked to participate in any way in a health
care service, including, but not limited to: A physician, physician's assistant, nurse, nurse's
aide, medical assistant, hospital employee, clinic employee, nursing home employee, pharmacist,
researcher, medical or nursing school faculty, student,...
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22-8A-9
Section 22-8A-9 Withholding or withdrawal of treatment, etc., not suicide; execution of advance
directive not to affect sale, etc., of life or health insurance nor be condition for receipt
of treatment, etc.; provisions of chapter cumulative. (a) The withholding or withdrawal of
life-sustaining treatment or artificially provided nutrition and hydration from a patient
in accordance with the provisions of this chapter shall not, for any purpose, constitute a
suicide and shall not constitute assisting suicide. (b) The making of an advance directive
for health care pursuant to this chapter shall not affect in any manner the sale, procurement,
or issuance of any policy of life or health insurance, nor shall it be deemed to modify the
terms of an existing policy of life or health insurance. No policy of life or health insurance
shall be legally impaired or invalidated in any manner by the withholding or withdrawal of
life-sustaining treatment or artificially provided nutrition and hydration...
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22-8A-11
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 has no hope of
regaining such ability. (2) Two physicians, one of whom is the attending physician and one
of whom shall be qualified and experienced in making such diagnosis, have personally examined
the individual and have diagnosed and certified in the medical record that the individual
has a terminal illness or injury or has a condition of permanent unconsciousness. (3)
The attending physician or other health care provider and the surrogate have no actual knowledge
of the existence of a valid advance directive for health care that would give guidance to
the provider in treating the individual's condition. (4) The treating physician determines,
to a reasonable degree of medical certainty, that withholding or withdrawing the life-sustaining
treatment or artificially provided nutrition and hydration will...
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22-8B-3
employee, researcher, medical or nursing school faculty member, student, or employee, counselor,
social worker, or any professional, paraprofessional, or any other person who furnishes or
assists in the furnishing of health care services. (5) LIFE-SUSTAINING TREATMENT. Any medical
treatment, procedure, or intervention that, in the judgment of the attending physician, when
applied to the patient, would serve only to prolong the dying process where the patient has
a terminal illness or injury, or would serve only to maintain the patient in a condition
of permanent unconsciousness. These procedures include, but are not limited to, assisted ventilation,
cardiopulmonary resuscitation, renal dialysis, surgical procedures, blood transfusions, and
the administration of drugs and antibiotics. Life-sustaining treatment does not include the
administration of medication or the performance of any medical treatment where, in the opinion
of the attending physician, the medication or treatment...
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