HB0234 - Uniform Health Care Decisions Act.
2001 |
State of Wyoming |
01LSO-0022 |
HOUSE BILL NO. HB0234
Uniform Health Care Decisions Act.
Sponsored by: Representative(s) Parady and Meuli
A BILL
for
1 AN ACT relating to
health care decisions; creating the
2
Wyoming Health Care Decisions Act; providing definitions;
3 specifying
conditions for advance health care directives;
4
establishing a uniform health care decisions form to be
5
used for advance health care directives; specifying
6
applicability of the act; conforming provisions; repealing
7
provisions relating to living wills and durable powers of
8
attorney for health care decisions; and providing for an
9
effective date.
10
11 Be It Enacted by the Legislature of the State of Wyoming:
12
13 Section 1. W.S. 3-5-301 through 3-5-316
are created
14 to read:
15
16 ARTICLE 3
17 WYOMING HEALTH CARE DECISIONS ACT
Page 1
1
2 3-5-301. Short title.
3
4
This act may be cited as the "Wyoming Health Care Decisions
5
Act."
6
7 3-5-302. Definitions.
8
9 (a) As used in this act:
10
11 (i) "Advance
health care directive" means an
12 individual instruction or a durable power of
attorney for
13 health care;
14
15 (ii) "Agent"
means an individual designated in a
16 durable power of attorney for health care to
make a health
17 care decision for the individual granting
the power;
18
19 (iii) "Capacity"
means an individual's ability
20 to understand the significant benefits,
risks and
21 alternatives to proposed health care and to
make and
22 communicate a health care decision;
23
Page 2
1 (iv) "Durable
power of attorney" means the
2
designation of an agent to make health care decisions for
3 the
individual granting the power;
4
5 (v) "Guardian"
means a judicially appointed
6
guardian or conservator having authority to make a health
7
care decision for an individual;
8
9 (vi) "Health
care" means any care, treatment,
10 service or procedure to maintain, diagnose
or otherwise
11 affect an individual's physical or mental
condition;
12
13 (vii) "Health
care decision" means a decision
14 made by an individual or the individual's
agent, guardian
15 or surrogate, with respect to the
individual's health care,
16 including:
17
18 (A) Selection
and discharge of health care
19 providers and institutions;
20
21 (B) Approval or
disapproval of diagnostic
22 tests, surgical procedures, programs of
medication and
23 orders not to resuscitate; and
24
Page 3
1 (C) Directions
to provide, withhold or
2
withdraw artificial nutrition and hydration and all other
3
forms of health care.
4
5 (viii) "Health
care institution" means an
6
institution, facility or agency licensed, certified or
7
otherwise authorized or permitted by law to provide health
8 care
in the ordinary course of business;
9
10 (ix) "Health
care provider" means an individual
11 licensed, certified or otherwise authorized
or permitted by
12 the laws of this state to provide health
care in the
13 ordinary course of business or practice of a
profession;
14
15 (x) "Individual
instruction" means an
16 individual's direction concerning a health
care decision
17 for the individual;
18
19 (xi) "Physician"
means an individual licensed to
20 practice medicine pursuant to W.S. 33-26-301
et seq.;
21
22 (xii) "Primary
physician" means a physician
23 designated by an individual or the
individual's agent,
24 guardian or surrogate to have primary
responsibility for
Page 4
1 the
individual's health care or, in the absence of a
2
designation or if the designated physician is not
3
reasonably available, a physician who undertakes the
4
responsibility;
5
6 (xiii) "Reasonably
available" means readily
7
available to be contacted without undue effort and willing
8 and
able to act in a timely manner considering the urgency
9 or
the patient's health care needs;
10
11 (xiv) "State"
means a state of the United
12 States, the District of Columbia, the
commonwealth of
13 Puerto Rico or a territory or insular
possession subject to
14 the jurisdiction of the United States;
15
16 (xv) "Supervising
health care provider" means
17 the primary physician or, if there is no
primary physician
18 or the primary physician is not readily
available, the
19 health care provider who has undertaken the
primary
20 responsibility for an individual's health
care;
21
22 (xvi) "Surrogate"
means an individual, other
23 than a patient's agent or guardian
authorized under this
24 act to make a health care decision for the
patient;
Page 5
1
2 (xvii) "This
act" means W.S. 3-5-301 through
3 3-5-316.
4
5 3-5-303. Advance health care directives.
6
7 (a) An adult or
emancipated minor may give an
8
individual instruction for an advance health care
9
directive. The instruction may be oral or written. The
10 instruction may be limited to take effect
only if a
11 specified condition arises.
12
13 (b) An adult or
emancipated minor may execute a
14 durable power of attorney for health care,
which may
15 authorize the agent to make any health care
decision the
16 principal could have made while having the
capacity to do
17 so. The power remains in effect
notwithstanding the
18 principal's later incapacity and may include
individual
19 instructions. Unless related to the
principal by blood,
20 marriage or adoption, an agent may not be an
owner,
21 operator or employee of a residential or
community care
22 facility at which the principal is receiving
care. The
23 power of attorney shall be in writing and
signed by the
24 principal.
Page 6
1
2 (c) A written
advance health care directive shall be
3
signed by at least two (2) witnesses each of whom witnessed
4
either the signing of the instrument by the principal or
5 the
principal's acknowledgement of his signature on the
6
instrument, each witness making the following declaration
7 in
substance: "I declare under penalty of false swearing
8
under the laws of Wyoming that the person who signed or
9
acknowledged this document is personally known to me to be
10 the principal; that the principal signed or
acknowledged
11 this document in my presence; that the
principal appears to
12 be of sound mind and under no duress, fraud
or undue
13 pressure; that I am not the person appointed
as agent by
14 this document; and that I am not a treating
health care
15 provider, an employee of a treating health
care provider,
16 the operator of a community care facility,
an employee of
17 an operator of a community care facility,
the operator of a
18 residential care facility nor an employee of
an operator of
19 a residential care facility." At least
one (1) of the
20 witnesses shall also sign the following
declaration: "I
21 further declare under penalty of false
swearing under the
22 laws of the state of Wyoming that I am not
entitled to any
23 part of the estate of the principal upon the
death of the
Page 7
1
principal under a will now existing or by operation of
2
law."
3
4 (d) Unless
otherwise specified in a durable power of
5
attorney for health care, the authority of an agent becomes
6
effective only upon a determination that the principal
7
lacks capacity, and ceases to be effective upon a
8
determination that the principal has recovered capacity.
9
10 (e) Unless
otherwise specified in a written advance
11 health care directive, a determination that
an individual
12 lacks or has recovered capacity, or that
another condition
13 exists that affects an individual
instruction or the
14 authority of an agent, shall be made by the
primary
15 physician.
16
17 (f) An agent
shall make a health care decision in
18 accordance with the principal's individual
instructions, if
19 any, and other wishes to the extent known to
the agent.
20 Otherwise, the agent shall make the decision
in accordance
21 with the agent's determination of the
principal's best
22 interest. In determining the principal's
best interest, the
23 agent shall consider the principal's
personal values to the
24 extent known to the agent.
Page 8
1
2 (g) A health
care decision made by an agent for a
3
principal is effective without judicial approval.
4
5 (h) A written
advance health care directive may
6
include the individual's nomination of a guardian of the
7
individual.
8
9 (j) An advance
health care directive is valid for
10 purposes of this act if it complies with
this act,
11 regardless of when or where executed or
communicated.
12
13 3-5-304. Revocation of advance health care directive.
14
15 (a) An
individual may revoke the designation of an
16 agent only by a signed writing or by
personally informing
17 the supervising health care provider.
18
19 (b) An
individual may revoke all or part of an
20 advance health care directive, other than
the designation
21 of an agent, at any time and in any manner
that
22 communicates an intent to revoke.
23
Page 9
1 (c) A health
care provider, agent, guardian or
2
surrogate who is informed of a revocation under this
3
section shall promptly communicate the fact of the
4
revocation to the supervising health care provider and to
5 any
health care institution at which the patient is
6
receiving care.
7
8 (d) A decree of
annulment or divorce revokes a
9
previous designation of a spouse as agent unless otherwise
10 specified in the decree or in a durable
power of attorney
11 for health care.
12
13 (e) An advance
health care directive that conflicts
14 with an earlier advance health care
directive revokes the
15 earlier directive to the extent of the
conflict.
16
17 3-5-305. Optional form.
18
19 The following form may, but need not, be
used to create an
20 advance health care directive. The effect of
this or any
21 other writing used to create an advance
health care
22 directive shall be governed by the
provisions of this act.
23 An individual may complete or modify all or
any part of the
24 following form:
Page 10
1
2 ADVANCE HEALTH CARE DIRECTIVE
3 EXPLANATION
4
5 You
have the right to give instruction about your own
6
health care. You also have the right to name someone else
7 to
make health care decisions for you. This form lets you
8 do
either or both of these things. It also lets you express
9
your wishes regarding donation of organs and the
10 designation of your primary physician. If
you use this
11 form, you may complete or modify all or any
part of it. You
12 are free to use a different form.
13
14 Part one of this form is a durable power of
attorney for
15 health care. Part one lets you name another
individual as
16 agent to make health care decisions for you
if you become
17 incapable of making your own decisions or if
you want
18 someone else to make those decisions for you
now even
19 though you are still capable. You may also
name an
20 alternate agent to act for you. Unless
related to you, your
21 agent may not be an owner, operator, or
employee of a
22 residential care or community care facility
at which you
23 are receiving care.
24
25 Unless the form you sign limits the
authority of your
26 agent, your agent may make all health care
decisions for
27 you. The form has a place for you to limit
the authority of
28 your agent. You need not limit the authority
of your agent
29 if you wish to rely on your agent for all
health care
30 decisions that may have to be made. If you
choose not to
31 limit the authority of your agent, your
agent will have the
32 right to:
33
34 (a) Consent
or refuse consent to any care, treatment,
35 service or procedure to maintain, diagnose
or otherwise
36 affect a physical or mental condition;
37
38 (b) Select
or discharge health care providers and
39 institutions;
40
41 (c) Approve
or disapprove diagnostic tests, surgical
42 procedures, programs of medication, and
orders not to
43 resuscitate; and
Page 11
1
2 (d) Direct the provision,
withholding or withdrawal
3 of
artificial nutrition and hydration and all other forms
4 of
health care.
5
6
Part two of this form lets you give specific instructions
7
about any aspect of your health care. Choices are provided
8 for
you to express your wishes regarding the provision,
9
withholding or withdrawal of treatment to keep you alive,
10 including the provision of artificial
nutrition and
11 hydration, as well as the provision of pain
relief. Space
12 is also provided for you to add to the
choices you have
13 made or for you to write out any additional
wishes.
14
15 Part three of the form lets you express an
intention to
16 donate your bodily organs and tissues
following your death.
17
18 Part four of this form lets you designate a
physician to
19 have primary responsibility for your health
care.
20
21 After completing this form, sign and date
the form at the
22 end. It is required that you request two (2)
other
23 individuals to sign as witnesses. Give a
copy of the signed
24 and completed form to your physician, to any
other health
25 care providers you may have, to any health
care institution
26 at which you are receiving care, and to any
health care
27 agents you have named. You should talk to
the person you
28 have named as agent to make sure that he
understands your
29 wishes and is willing to take the
responsibility.
30
31 You have the right to revoke this advance
health care
32 directive or replace this form at any time.
33
34 PART 1
35 POWER OF ATTORNEY FOR HEALTH CARE
36
37 (1) DESIGNATION
OF AGENT: I designate the following
38 individual as my agent to make health care
decisions for
39 me:
40
41 ___________________________________________________________
42 (name of individual you choose as agent)
43
44 ___________________________________________________________
45 (address) (city) (state) (zip code)
46
47 ___________________________________________________________
Page 12
1 (home phone) (work phone)
2
3 OPTIONAL: If I revoke
my agent's authority or if my
4
agent is not willing, able, or reasonably available to make
5 a
health care decision for me, I designate as my first
6 alternate
agent:
7
8 ___________________________________________________________
9 (name of individual you choose as first alternate agent)
10
11 ___________________________________________________________
12 (address) (city) (state) (zip code)
13
14 ___________________________________________________________
15 (home phone) (work phone)
16
17 OPTIONAL: If I revoke the authority of my agent and
18 first alternate agent or if neither is
willing, able, or
19 reasonably available to make a health care
decision for me,
20 I designate as my second alternate agent:
21
22 ___________________________________________________________
23 (name of individual you choose as second alternate agent)
24
25 ___________________________________________________________
26 (address) (city) (state) (zip code)
27
28 ___________________________________________________________
29 (home phone) (work phone)
30
31 (2) AGENT'S
AUTHORITY: My agent is authorized to
make
32 all health care decisions for me, including
decisions to
33 provide, withhold or withdraw artificial
nutrition and
34 hydration and all other forms of health care
to keep me
35 alive, except as I state here:
36
37 ___________________________________________________________
38 ___________________________________________________________
39 ___________________________________________________________
40 (Add additional sheets if needed)
41
42 (3) WHEN
AGENT'S AUTHORITY BECOMES EFFECTIVE: My
43 agent's authority becomes effective when my
primary
44 physician determines that I am unable to
make my own health
45 care decisions unless I mark the following
box. If I mark
46 this box my agent's authority to
make health care
47 decisions for me takes effect immediately.
Page 13
1
2 (4) AGENT'S OBLIGATION: My agent shall make health
3
care decisions for me in accordance with this power of
4
attorney for health care, any instructions I give in Part 2
5 of
this form and my other wishes to the extent known to my
6
agent. To the extent my wishes
are unknown, my agent shall
7
make health care decisions for me in accordance with what
8 my
agent determines to be in my best interest. In
9
determining my best interest, my agent shall consider my
10 personal values to the extent known to my
agent.
11
12 (5) NOMINATION
OF GUARDIAN: If a guardian of my
13 person needs to be appointed for me by a
court, I nominate
14 the agent designated in this form. If that
agent is not
15 willing, able or reasonably available to act
as guardian, I
16 nominate the alternate agents whom I have
named, in the
17 order designated.
18
19 PART 2
20 INSTRUCTIONS FOR HEALTH CARE
21
22 If you are satisfied to allow your agent to determine what
23 is best for you in making end-of-life
decisions, you need
24 not fill out this part of the form. If you do fill out
25 this part of the form, you may strike any
wording you do
26 not want.
27
28 (6) END-OF-LIFE
DECISIONS: I direct my health care
29 providers and others involved in my care to
provide,
30 withhold or withdraw treatment in accordance
with the
31 choice I have marked below:
32
33 † (a) Choice Not To Prolong Life
34
35 I do not want my life prolonged if: (i) I
have an incurable
36 and irreversible condition that will result
in my death
37 within a relatively short time; (ii) I
become unconscious
38 and, to a reasonable degree of medical
certainty, I will
39 not regain consciousness; or (iii) the
likely risks and
40 burdens of treatment would outweigh the
expected benefits,
41 OR
42
43 † (b) Choice To Prolong Life
44
45 I want my life to be prolonged as long as
possible within
46 the limits of generally accepted health care
standards.
47
Page 14
1 (7) ARTIFICIAL NUTRITION AND
HYDRATION: Artificial
2
nutrition and artificial hydration must be provided,
3
withheld or withdrawn in accordance with the choice I have
4
made in paragraph (6) unless I mark the following box. If I
5
mark this box †, artificial nutrition and
hydration must be
6
provided regardless of my condition and regardless of the
7
choice I have made in paragraph (6).
8
9 (8) RELIEF FROM PAIN: Except as I state in the
10 following space, I direct that treatment for
alleviation of
11 pain or discomfort be provided at all times,
even if it
12 hastens my death
13 ___________________________________________________________
14 ___________________________________________________________
15
16 (9) OTHER
WISHES: (If you do not agree with any of
17 the optional choices above and wish to write
your own, or
18 if you wish to add to the instructions you
have given
19 above, you may do so here.) I direct that:
20
21 ___________________________________________________________
22 ___________________________________________________________
23 (Add additional sheets if needed.)
24
25 PART 3
26 DONATION OF ORGANS AT DEATH
27 (OPTIONAL)
28
29 (10) Upon my death (mark applicable box)
30
31 † (a) I give any needed organs, tissues, or parts, OR
32
33 † (b) I
give the following organs, tissues, or parts only
34 __________________________________________________________
35
36 (c) My
gift is for the following purposes (strike any
37 of the following you do not want)
38
39 (i) Transplant
40
41 (ii) Therapy
42
43 (iii) Research
44
45 (iv) Education
46
Page 15
1 PART 4
2 PRIMARY PHYSICIAN
3 (OPTIONAL)
4
5 (11) I designate the following
physician as my
6
primary physician:
7 ___________________________________________________________
8 (name of physician)
9
10 ___________________________________________________________
11 (address) (city) (state) (zip code)
12
13 ___________________________________________________________
14 (phone)
15
16 OPTIONAL:
If the physician I have designated above is
17 not willing, able or reasonably available to
act as my
18 primary physician, I designate the following
physician as
19 my primary physician:
20 ___________________________________________________________
21 (name of physician)
22 ___________________________________________________________
23 (address) (city) (state) (zip code)
24
25 ___________________________________________________________
26 (phone)
27
28 ********************
29
30 (12) EFFECT
OF COPY: A copy of this form has the same
31 effect as the original.
32
33 (13) SIGNATURES: Sign and date the form here:
34
35 __________________________ ___________________________
36 (date) (sign your name)
37
38 __________________________ ___________________________
39 (address) (print your name)
40
41 ___________________________
42 (city) (state)
43
44 SIGNATURES OF WITNESSES:
45
46 I declare
under penalty under the laws of Wyoming that the
47 person who signed or acknowledged this
document is
Page 16
1 personally known to me to be the principal,
that the
2
principal signed or acknowledged this advance health care
3 directive
in my presence, that the principal appears to be
4 of
sound mind and under no duress, fraud, or undue
5
influence, that I am not the person appointed as agent by
6
this document, and that I am not a treating health care
7
provider, an employee of a treating health care provider,
8 the
operator of a community care facility, an employee of a
9
community care facility, the operator of a residential care
10 facility, nor an employee of a residential
care facility.
11
12 First witness Second witness
13
14 __________________________ ___________________________
15 (print name) (print name)
16
17 __________________________ ___________________________
18 (address) (address)
19
20 __________________________ ___________________________
21 (city) (state) (city) (state)
22
23 __________________________ ___________________________
24 (signature of witness) (signature of witness)
25
26 __________________________ ___________________________
27 (date) (date)
28
29 I further
declare under penalty of perjury under the laws
30 of Wyoming that I am not related to the
principal by blood,
31 marriage, or adoption, and, to the best of
my knowledge, I
32 am not entitled to any part of the estate of
the principal
33 upon the death of the principal under a will
now existing
34 or by operation of law.
35
36 Witness
37
38 ___________________________
39 (Signature of witness)
40
41 3-5-306. Decisions by surrogate.
42
43 (a) A surrogate
may make a health care decision for a
44 patient who is an adult or emancipated minor
if the patient
Page 17
1 has
been determined by the primary physician to lack
2
capacity and no agent or guardian has been appointed or the
3
agent or guardian is not reasonably available.
4
5 (b) An adult or
emancipated minor may designate any
6
individual to act as surrogate by personally informing the
7
supervising health care provider. In the absence of a
8
designation, or if the designee is not reasonably
9
available, any member of the following classes of the
10 patient's family who is reasonably available,
in descending
11 order of priority, may act as surrogate:
12
13 (i) The spouse, unless legally separated;
14
15 (ii) An adult child;
16
17 (iii) A parent; or
18
19 (iv) An adult brother or sister.
20
21 (c) If none of
the individuals eligible to act as
22 surrogate under subsection (b) of this
section is
23 reasonably available, any adult who has
exhibited special
24 care and concern for the patient, who is
familiar with
Page 18
1
patient's personal values and who is reasonably available
2 may
act as surrogate.
3
4 (d) A surrogate
shall communicate his assumption of
5
authority as promptly as practicable to the members of the
6
patient's family specified in subsection (b) of this
7 section
who can be readily contacted.
8
9 (e) If more
than one (1) member of a class assumes
10 authority to act as surrogate, and they do
not agree on a
11 health care decision and the supervising
health care
12 provider is so informed, the supervising
health care
13 provider shall comply with the decision of a
majority of
14 the members of that class who have
communicated their views
15 to the provider. If the class is evenly
divided concerning
16 the health care decision and the supervising
health care
17 provider is so informed, that class and all
individuals
18 having lower priority are disqualified from
making the
19 decision.
20
21 (f) A surrogate
shall make a health care decision in
22 accordance with the patient's individual
instructions, if
23 any, and other wishes to the extent known to
the surrogate.
24 Otherwise, the surrogate shall make the
decision in
Page 19
1
accordance with the surrogate's determination of the
2
patient's best interest. In determining the patient's best
3
interest, the surrogate shall consider the patient's
4
personal values to the extent known to the surrogate.
5
6 (g) A surrogate
may not make health care decisions
7
with respect to the following:
8
9 (i) Commitment
of the patient to a mental health
10 hospital or other mental health facility;
11
12 (ii) Electroshock therapy;
13
14 (iii) Psychosurgery;
15
16 (iv) Sterilization; and
17
18 (v) Other long-term or permanent contraception.
19
20 (h) A health
care decision made by a surrogate for a
21 patient is effective without judicial
approval.
22
23 (j) An
individual at any time may disqualify another,
24 including a member of the individual's
family, from acting
Page 20
1 as
the individual's surrogate by a signed writing or by
2
personally informing the supervising health care provider
3 of
the disqualification.
4
5 (k) Unless
related to the patient by blood, marriage
6 or
adoption, a surrogate may not be an owner, operator or
7
employee of a residential or community care facility at
8
which the patient is receiving care.
9
10 (m) A
supervising health care provider may require an
11 individual claiming the right to act as
surrogate for a
12 patient to provide a written declaration
under penalty of
13 false swearing stating facts and
circumstances reasonably
14 sufficient to establish the claimed
authority.
15
16 3-5-307. Decisions by guardian.
17
18 (a) A guardian
shall comply with the ward's
19 individual instructions and may not revoke
the ward's
20 advance health care directive unless the
appointing court
21 expressly authorizes the revocation.
22
Page 21
1 (b) Absent a
court order to the contrary, a health
2
care decision of an agent takes precedence over that of a
3
guardian.
4
5 (c) A health
care decision made by a guardian for the
6
ward is effective without judicial approval, except the
7
following:
8
9 (i) Commitment
of the ward to a mental health
10 hospital or other mental health facility;
11
12 (ii) Electroshock therapy;
13
14 (iii) Psychosurgery;
15
16 (iv) Sterilization; and
17
18 (v) Other long-term permanent contraception.
19
20 3-5-308. Obligations of health care provider.
21
22 (a) Before
implementing a health care decision made
23 for a patient, a supervising health care
provider, if
24 possible, shall promptly communicate to the
patient the
Page 22
1
decision made and the identity of the person making the
2
decision.
3
4 (b) A
supervising health care provider who knows of
5 the
existence of an advance health care directive, a
6
revocation of an advance health care directive, or a
7
designation or disqualification of a surrogate, shall
8
promptly record its existence in the patient's health care
9
record and, if it is in writing, shall request a copy and
10 if a copy is furnished shall arrange for its
maintenance in
11 the health care record.
12
13 (c) A primary
physician who makes or is informed of a
14 determination that a patient lacks or has
recovered
15 capacity, or that another condition exists
which affects an
16 individual instruction or the authority of
an agent,
17 guardian or surrogate, shall promptly record
the
18 determination in the patient's health care
record and
19 communicate the determination to the
patient, if possible,
20 and to any person then authorized to make
health care
21 decisions for the patient.
22
Page 23
1 (d) Except as
provided in subsections (e) and (f) of
2
this section, a health care provider or institution
3
providing care to a patient shall:
4
5 (i) Comply with
an individual instruction of the
6
patient and with a reasonable interpretation of that
7
instruction made by a person then authorized to make health
8
care decisions for the patient;
9
10 (ii) Comply with
a health care decision for the
11 patient made by a person then authorized to
make health
12 care decisions for the patient to the same
extent as if the
13 decision had been made by the patient while
having
14 capacity.
15
16 (e) A health
care provider may decline to comply with
17 an individual instruction or health care
decision for
18 reasons of conscience. A health care
institution may
19 decline to comply with an individual
instruction or health
20 care decision if the instruction or decision
is contrary to
21 a written policy of the institution which is
expressly
22 based on reasons of conscience and if the
policy was timely
23 communicated to the patient or to a person
then authorized
24 to make health care decisions for the
patient.
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1
2 (f) A health
care provider or institution may decline
3 to
comply with an individual instruction or health care
4
decision that requires medically ineffective health care or
5
health care contrary to generally accepted health care
6
standards applicable to the health care provider or
7
institution.
8
9 (g) A health
care provider or institution that
10 declines to comply with an individual
instruction or health
11 care decision shall:
12
13 (i) Promptly so
inform the patient, if possible,
14 and any person then authorized to make
health care
15 decisions for the patient;
16
17 (ii) Provide
continuing care to the patient
18 until a transfer can be effected; and
19
20 (iii) Unless the
patient or person then
21 authorized to make health care decisions for
the patient
22 refuses assistance, immediately make all reasonable
efforts
23 to assist in the transfer of the patient to
another health
Page 25
1
care provider or institution that is willing to comply with
2 the
instruction or decision.
3
4 (h) A health
care provider or institution may not
5 require
or prohibit the execution or revocation of an
6
advance health care directive as a condition for providing
7
health care.
8
9 3-5-309. Health care information.
10
11 Unless otherwise specified in an advance
health care
12 directive, a person then authorized to make
health care
13 decisions for a patient has the same rights
as the patient
14 to request, receive, examine, copy and
consent to the
15 disclosure of medical or any other health
care information.
16
17 3-5-310. Immunities.
18
19 (a) A health
care provider or institution acting in
20 good faith and in accordance with generally
accepted health
21 care standards applicable to the health care
provider or
22 institution is not subject to civil or
criminal liability
23 or to discipline for unprofessional conduct
for:
24
Page 26
1 (i) Complying
with a health care decision of a
2
person apparently having authority to make a health care
3
decision for a patient, including a decision to withhold or
4
withdraw health care;
5
6 (ii) Declining to
comply with a health care
7
decision of a person based on a belief that the person then
8
lacked authority; or
9
10 (iii) Complying
with an advance health care
11 directive and assuming that the directive
was valid when
12 made and has not been revoked or terminated.
13
14 (b) An
individual acting as agent or surrogate under
15 this act is not subject to civil or criminal
liability or
16 to discipline for unprofessional conduct for
health care
17 decisions made in good faith under this act.
18
19 3-5-311. Penalties.
20
21 (a) A health
care provider or institution that
22 intentionally violates this act is subject
to liability to
23 the aggrieved individual for damages of five
hundred
24 dollars ($500.00) or actual damages
resulting from the
Page 27
1
violation, whichever is greater, plus reasonable attorney's
2
fees.
3
4 (b) A person
who intentionally falsifies, forges,
5 conceals,
defaces or obliterates an individual's advance
6
health care directive or a revocation of an advance health
7
care directive without the individual's consent, or who
8
coerces or fraudulently induces an individual to give,
9
revoke or not to give an advance health care directive, is
10 subject to liability to that individual for
damages of two
11 thousand five hundred dollars ($2,500.00) or
actual damages
12 resulting from the actions, whichever is
greater, plus
13 reasonable attorney's fees.
14
15 3-5-312. Capacity.
16
17 (a) This act
does not affect the right of an
18 individual to make health care decisions
while having
19 capacity to do so.
20
21 (b) An
individual is presumed to have capacity to
22 make a health care decision, to give or
revoke an advance
23 health care directive, and to designate or
disqualify a
24 surrogate.
Page 28
1
2 3-5-313. Effect of copy.
3
4 A
copy of a written advance health care directive,
5
revocation of an advance health care directive, or
6
designation or disqualification of a surrogate has the same
7
effect as the original.
8
9 3-5-314. Effect of act.
10
11 (a) This act
does not create a presumption concerning
12 the intention of an individual who has not
made or who has
13 revoked an advance health care directive.
14
15 (b) Death
resulting from the withholding or
16 withdrawal of health care in accordance with
this act does
17 not for any purpose constitute a suicide or
homicide or
18 legally impair or invalidate a policy of
insurance or an
19 annuity providing a death benefit,
notwithstanding any term
20 of the policy or annuity to the contrary.
21
22 (c) This act
does not authorize mercy killing,
23 assisted suicide, euthanasia, or the
provision, withholding
Page 29
1 or
withdrawal of health care, to the extent prohibited by
2
other statutes of this state.
3
4 (d) This act
does not authorize or require a health
5
care provider or institution to provide health care
6 contrary
to generally accepted health care standards
7
applicable to the health care provider or institution.
8
9 (e) This act
does not affect other laws of Wyoming
10 governing treatment for mental illness of an
individual
11 involuntarily committed to a mental health
care institution
12 pursuant to law.
13
14 3-5-315. Uniformity of application and construction.
15
16 This act shall be applied and construed to
effectuate its
17 general purpose to make uniform the law with
respect to the
18 subject matter of this act among states
enacting it.
19
20 3-5-316. Severability clause.
21
22 If any provision of this act or its
application to any
23 person or circumstance is held invalid, the
invalidity does
24 not affect other provisions or applications
of this act
Page 30
1
which can be given without the invalid provisions or
2
application, and to this end the provisions of this act are
3
severable.
4
5 Section 2. W.S. 3-2-202(a)(iv) is amended to read:
6
7 3-2-202. Powers of the guardian
subject to approval
8 of the court.
9
10 (a) Upon order
of the court, after notice and hearing
11 and appointment of a guardian ad litem, the
guardian may:
12
13 (iv) Execute any
appropriate advance medical
14 directives, including durable power of
attorney for health
15 care under W.S. 3-5-201 et seq.
and living will under W.S.
16 35-22-101 et seq3-5-301 et seq.
17
18 Section 3. W.S.
3-5-201 through 3-5-213 and 35-22-101
19 through 35-22-109 are repealed.
20
21 Section 4. This act is effective July 1, 2001.
22
23 (END)
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