Title 36, Public Health and Safety

A. A health care provider who makes good faith health care decisions in reliance on the provisions of an apparently genuine health care directive or the direction of a surrogate is immune from criminal and civil liability and is not subject to professional discipline for that rel…

A. An interested person may file a verified petition with the superior court to determine the validity or effect of a health care directive or the decision of a surrogate. B. The petition shall include the following information: 1. The name and current location of the patient and…

A. A person shall not require a person to execute or prohibit a person from executing a health care directive as a condition for providing health care services or insurance. B. An insurer shall not refuse to pay for goods or services under a patient's insurance policy because the…

A health care directive prepared before September 30, 1992, or prepared in another state, district or territory of the United States is valid in this state if it was valid in the place where and at the time when it was adopted and only to the extent that it does not conflict with…

A. If there are conflicts among the provisions of valid health care directives, the most recent directive is deemed to represent the wishes of the patient. B. Notwithstanding any other law, if there is a conflict between a provision of a valid health care directive, the decision …

This chapter does not approve or authorize suicide, assisted suicide or mercy killing.

A. Unless inconsistent with the express directions of the principal in a health care directive, an agent shall encourage and allow contact between the principal and other persons who have a significant relationship with the principal. B. An agent may not limit, restrict or prohib…

A. A person who is an adult may designate another adult individual or other adult individuals to make health care decisions on that person's behalf or to provide funeral and disposition arrangements in the event of the person's death by executing a written health care power of at…

An amendment to a health care power of attorney shall meet the requirements of section 36-3221, subsection A, paragraphs 2 and 3 unless the amendment is only made to indicate an agent's change of address or telephone number.

A. The individual designated in a health care power of attorney to make health care decisions is an agent entitled to make and communicate these decisions while the principal is unable to do so. B. An agent's authority to make health care decisions on behalf of the principal is l…

Any writing that meets the requirements of section 36-3221 may be used to create a health care power of attorney. The following form is offered as a sample only and does not prevent a person from using other language or another form: 1. Health Care Power of Attorney I, __________…

A. If an adult patient is unable to make or communicate health care treatment decisions, a health care provider shall make a reasonable effort to locate and shall follow a health care directive. A health care provider shall also make a reasonable effort to consult with a surrogat…

A. Notwithstanding any law or a health care directive to the contrary, a person may execute a prehospital medical care directive that, in the event of cardiac or respiratory arrest, directs the withholding of cardiopulmonary resuscitation by emergency medical system personnel, ho…

A. An adult may prepare a written statement known as a living will to control the health care treatment decisions that can be made on that person's behalf. The person may use the living will as part of or instead of a health care power of attorney or to disqualify a surrogate. B.…

Any writing that meets the requirements of this article may be used to create a living will. A person may write and use a living will without writing a health care power of attorney or may attach a living will to the person's health care power of attorney. If a person has a healt…

A. An adult, known as the principal, pursuant to section 36-3282 may designate another adult or adults, known as the agent, to act as an agent and to make mental health care decisions on that person's behalf. The principal may also designate an alternate adult or adults to act as…

A. To be valid, a mental health care power of attorney shall: 1. Be executed by a principal who is not incapable, as defined in section 36-3281. 2. Be in writing. 3. Contain language that clearly indicates that the principal intends to create a mental health care power of attorne…

A. An agent may make mental health care decisions for the principal while the principal is incapable, as defined in section 36-3281. B. Except as limited by subsection F of this section, an agent's authority to make mental health care decisions is limited only by the express lang…

A. A mental health care power of attorney is effective when it is executed and remains in effect until it is revoked by the principal pursuant to section 36-3285 or by court order. B. Notwithstanding the procedures and requirements prescribed in chapter 5, articles 4 and 5 of thi…

A. Except during times when the principal has been found to be incapable as defined in section 36-3281, a principal under a mental health care power of attorney may disqualify an agent or revoke all or any portion of the power of attorney. B. Unless a principal is incapable as de…

A person may use any writing that meets the requirements of sections 36-3281 and 36-3282 to create a mental health care power of attorney. The following form is offered as a sample only and does not prevent a person from using other language or another form: Mental Health Care Po…

The provisions of this chapter that relate to the powers and duties of surrogates apply to a mental health care power of attorney.

A. The department of health services shall designate a qualifying health information exchange organization to operate a health care directives registry. B. Subject to the availability of monies, the qualifying health information exchange organization shall establish and maintain …

A. A person may submit to the health care directives registry, in a manner prescribed by the qualifying health information exchange organization, health care directives, including prehospital medical care directives and any amendments to or revocations of these documents. B. The …

Notwithstanding any other provision of this article, the qualifying health information exchange organization may establish a process for transmitting to the health care directives registry documents described in section 36-3292 from a health information organization as defined in…

A. Failure to register a document with the qualifying health information exchange organization pursuant to this article does not affect the validity of a health care directive. B. Failure to notify the qualifying health information exchange organization of the revocation of a doc…

A. The qualifying health information exchange organization shall establish a process to allow persons to submit documents described in section 36-3292 to the health care directives registry. The qualifying health information exchange organization shall adopt industry standard saf…

A. Information maintained by the qualifying health information exchange organization pursuant to this article is confidential and shall not be disclosed except as allowed by state or federal law. B. The person who submits a document described in section 36-3292, the person who is…

A. Except for acts of gross negligence, wilful misconduct or intentional wrongdoing, the qualifying health information exchange organization and its contractors are not subject to civil liability for any claims or demands arising out of the administration or operation of, or the …