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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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22-19-177
Section 22-19-177 Immunity. (a) In the absence of wantonness or willful misconduct, a person
that acts in accordance with this article or with the applicable anatomical gift law of another
state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal
prosecution, or administrative proceeding. (b) In the absence of wantonness or willful misconduct,
neither the person making an anatomical gift nor the donor's estate is liable for any injury
or damage that results from the making or use of the gift. (c) In determining whether an anatomical
gift has been made, amended, or revoked under this article, a person may rely upon representations
of an individual listed in Section 22-19-168(a)(2), (3), (4), (5), (6), (7), or (8) relating
to the individual's relationship to the donor or prospective donor unless the person knows
that the representation is untrue. (Act 2008-453, p. 867, §1.)...
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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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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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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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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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22-11A-64
Section 22-11A-64 Appeal process. (a) Any health care worker who has appealed the State Health
Officer's final order to the State Committee of Public Health and who is aggrieved by the
outcome may appeal that decision by filing a notice of appeal in the circuit court of his
or her county of residence or in the Circuit Court of Montgomery County within 30 days of
the issuance of the final decision of the State Committee of Public Health. (b) The health
care worker may be represented by counsel or may participate in proceedings in the court on
his or her own behalf. If the health care worker elects to represent himself or herself, the
pleadings, documents, and evidence filed with the court shall be liberally construed to do
substantial justice. The court shall provide assistance to the health care worker in preparing
and filing the notice of appeal and shall take those steps that are necessary to keep the
health care worker's identity confidential. The assistance may be provided by court...
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22-19-71.1
Section 22-19-71.1 Promotion of organ donation through the application and renewal process
for driver's licenses. (a) This section shall be named Angelynn and Courtney's Law. (b) The
Legislature finds: (1) There is an acute need for organ donors in Alabama and throughout the
nation. (2) According to the United Network for Organ Sharing, more than 121,000 people are
waiting for an organ transplant nationally, and a new person is added to the waiting list
every 18 minutes. (3) In Alabama, more than 3,300 people are waiting for an organ transplant.
(4) For an average of 19 people per day, the wait is too long and they die before a suitable
organ is available. (5) The Revised Uniform Anatomical Gift Act currently provides for notice
of intent to make an organ donation upon the donor's death. (6) A checkoff on a driver's license
to be an organ donor has been a very successful way to encourage organ donation, but more
can be done to provide greater education and public awareness regarding...
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22-19-74
Section 22-19-74 Driver's license, nondriver identification card, etc., to accompany individual
to hospital in event of accident or trauma; return of driver's license or nondriver identification
card in event of death. Police and emergency personnel responding to the scene of an accident
or trauma shall take reasonable steps to insure that the driver's license or nondriver identification
card, donor card, or other document of gift and medical alert bracelet, if any, of the individual
involved in the accident or trauma accompanies the individual to the hospital or other health
care facility. If the individual dies, the hospital or other health care facility shall, within
five days or as soon as practicable, return the driver's license or nondriver identification
card to the Alabama State Law Enforcement Agency accompanied by a form prescribed by the department.
(Acts 1996, No. 96-474, p. 587, §5.)...
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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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