Code of Alabama

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16-30B-5
Section 16-30B-5 Liability of attending physician. An attending physician, as defined in Section
22-8A-3, has no supervisory authority over the school's execution of the Palliative and End
of Life Individual Health Plan and shall be immune from civil liability for any orders, acts,
or omissions directly related to this chapter, including any vicarious liability for the acts
and omissions of school employees and officials in carrying out the Palliative and End of
Life Individual Health Plan. (Act 2018-460, §2.)...
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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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26-1A-404
Section 26-1A-404 Health care powers of attorney executed on or after January 1, 2012. (a)
This section applies to a power of attorney for health care decisions executed on or after
January 1, 2012. (b) 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. (c)(1) A principal may
designate under a durable power of attorney an individual who shall be empowered to make health
care decisions on behalf of the principal, in the manner set forth in the Natural Death Act,...

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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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16-30B-2
Section 16-30B-2 Definitions. As used in this chapter, the following terms have the following
meanings: (1) PALLIATIVE AND END OF LIFE INDIVIDUAL HEALTH PLAN or PLAN. A document that outlines
activities of which a qualified minor may partake in the school setting or in selected school
situations as prescribed in the plan. A plan shall be developed by the school nurse in conjunction
with the representative of the qualified minor, as provided under this chapter, and shall
outline the health care to be provided, including an Order for Pediatric Palliative and End
of Life Care, as defined in Section 22-8A-3, to a qualified minor in a school setting. (2)
QUALIFIED MINOR. The term as it is defined in Section 22-8A-3. (3) REPRESENTATIVE OF A QUALIFIED
MINOR. The term as it is defined in Section 22-8A-3. (4) SCHOOL. Any primary or secondary
public school located in the state. (5) SCHOOL EMPLOYEE. Any individual employed by a public
school system located in the state. (6) SCHOOL NURSE. A nurse...
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16-30B-3
Section 16-30B-3 Rulemaking authority; school nurse requirements; training guidelines. (a)
The State Board of Education shall adopt rules regarding the administration of Palliative
and End of Life Individual Health Plans in the school setting; provided, however, the board
may not propose rules without approval from the task force created pursuant to Section 16-30B-6.
For purposes of this subsection, approval requires an affirmative vote from at least three-fifths
of the task force members. The rules shall include, but are not limited to, the contents of
a plan and procedures for the execution and termination of a plan. The final rules shall be
certified to the Legislative Services Agency not later than June 1, 2019. (b) A Palliative
and End of Life Individual Health Plan administered under this chapter shall be developed
by the school nurse, in conjunction with the representative of the qualified minor. (c) A
plan shall include an Order for Pediatric Palliative and End of Life Care...
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16-30B-1
Section 16-30B-1 Development and administration of plans. A Palliative and End of Life Individual
Health Plan shall be developed and administered in accordance with this chapter in order to
provide guidance to schools, school nurses, a terminally ill or injured student to whom the
plan applies, and the student's parents or guardians, with regard to the care provided to
that student and expectations for attendance or participation in school-sponsored activities.
(Act 2018-460, §2.)...
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16-30A-10
Section 16-30A-10 Liability of physicians. A physician has no supervisory authority over the
school's execution of the Individual Health Plan, and therefore shall be immune from civil
liability for any orders, acts or omissions directly related to this chapter, including any
vicarious liability for the acts and omissions of school employees and officials in carrying
out the Individual Health Plan. (Act 2014-437, p. 1618, §10.)...
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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-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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