Title 10 — Health and Safety
112 chapters · 2,597 sections in this title.
10 GCA § 91100 Title
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This act shall be known and cited as the Natural Death Act.
10 GCA § 91101 Legislative Findings and Intent
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(a) The Legislature finds that an adult person has the fundamental right to control the decisions relating to the rendering of his or her own medical care, including the decision to have life-sustaining treatment withheld or withdrawn in instances of a terminal condition or perma…
10 GCA § 91102 Definitions
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As used in this chapter, unless the context otherwise requires: COL092507 (a) Anticipated Death means a death caused by life-limiting illness, infirmity, or disease, as certified by the attending physician that he discussed a prognosis of terminal condition with the patient and t…
10 GCA § 91103 Declaration Concerning Life-Sustaining Treatment; Execution
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Requirements. (a) An individual of sound mind and 18 or more years of age may execute at any time a declaration governing the withholding or withdrawal of life-sustaining treatment. The declaration shall be a separate document and not a part of another document nor contained on a…
10 GCA § 91104 Patients in Nursing Homes; Effect of Declaration
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A declaration shall have no force or effect if the declarant is a person in a skilled nursing facility as defined in 10 Guam Code Annotated '7102(a), at the time the declaration is executed unless one of the two witnesses to the declaration is a patient advocate or ombudsman as m…
10 GCA § 91105 Operative Effect of Declaration
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COL092507 A declaration becomes operative when (a) it is communicated to the attending physician and (b) the declarant is diagnosed and certified in writing by the attending physician and a second physician who has personally examined the declarant to be in a terminal condition o…
10 GCA § 91106 Revocation of Declaration
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(a) A declarant may revoke a declaration at any time and in any manner, without regard to the declarant's mental or physical condition. A revocation is effective upon its communication to the attending physician or other health care provider by the declarant or a witness to the r…
10 GCA § 91107 Terminal or Permanent Unconscious Condition; Records
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Upon determining that the declarant is in a terminal condition or permanent unconscious condition, the attending physician who knows of a declaration shall record the determination and the terms of the declaration in the declarant's medical record and file a copy of the declarati…
10 GCA § 91108 Self-Determination by Patient; Pregnant Patients
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(a) A qualified patient may make decisions regarding life sustaining treatment, including whether to stay in a hospital or healthcare facility, as long as the patient is able to do so. (b) This chapter does not affect the responsibility of the attending physician or other health …
10 GCA § 91109 Physician or Health Care Provider Unwilling to Comply with
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Chapter; Transfer of Patient. An attending physician or other health care provider who is unwilling to comply with this chapter shall take all reasonable steps as promptly as practicable to transfer care of the declarant to another physician or health care provider who is willing…
10 GCA § 91110 Civil or Criminal Liability; Unprofessional Conduct
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(a) A physician or other health care provider is not subject to civil or criminal liability, or discipline for unprofessional conduct, for giving effect to a declaration in the absence of knowledge of the revocation of a declaration. (b) A physician or other health care provider,…
10 GCA § 91111 Willful Failure to Act; Fraudulent Conduct; Penalties
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(a) A physician or other health care provider who willfully fails to transfer the care of a patient in accordance with Section 91109 is guilty of a felony of the third degree. (b) A physician who willfully fails to record a determination of terminal condition or permanent unconsc…
10 GCA § 91112 Construction of Chapter, Characterization of Death Resulting
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from Decisions Made in Accordance with Chapter; Effect of Declaration on Life Insurance or Annuities; Deliberate Acts or Omissions to End Life. (a) Death resulting from the withholding or withdrawal of a life- sustaining treatment in accordance with this Act does not constitute, …
10 GCA § 91113 Declaration Presumed in Compliance and Valid
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In the absence of knowledge to the contrary, a physician or other health care provider may presume that a declaration complies with this Act and is valid.
10 GCA § 91114 Instruments Executed in Other States
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An instrument governing the withholding or withdrawal of life-sustain- ing treatment executed in another state in compliance with the laws of that state or of the Territory of Guam, is valid for purposes of this Act.
10 GCA § 91115 Instruments to Be Given Effect Pursuant to Act
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The following instruments shall be given effect pursuant to the provisions of this Act. (a) An instrument executed before the effective date of this Act that substantially complies with subdivision (a) of Section 91103. COL092507 (b) An instrument governing the withholding or wit…
10 GCA § 91116 Severability of Provisions
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If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of th…
10 GCA § 91117 Uniform Law; Construction of Act
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To the extent that a provision of this Act conforms to the Uniform Rights of the Terminally Ill Act, that provision shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this Act among states enacting it. ---------…