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Legislative findings and intent - 20 Pa. Cons. Stat. § 5423

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     § 5423.  Legislative findings and intent.
        (a)  Intent.--This chapter provides a statutory means for
     competent adults to control their health care through
     instructions written in advance or by health care agents or
     health care representatives and requested orders. Nothing in
     this chapter is intended to:
            (1)  affect or supersede the holdings of In re Fiori 543
        Pa. 592, 673 A.2d 905 (1996);
            (2)  condone, authorize or approve mercy killing,
        euthanasia or aided suicide; or
            (3)  permit any affirmative or deliberate act or omission
        to end life other than as defined in this chapter.
        (b)  Presumption not created.--This chapter does not create
     any presumption regarding the intent of an individual who has
     not executed an advance health care directive to consent to the
     use or withholding of life-sustaining treatment in the event of
     an end-stage medical condition or in the event the individual is
     permanently unconscious.
        (c)  Findings in general.--The General Assembly finds that:
            (1)  Individuals have a qualified right to make decisions
        relating to their own health care.
            (2)  This right is subject to certain interests of
        society, such as the maintenance of ethical standards in the
        medical profession and the preservation and protection of
        human life.
            (3)  Modern medical technological procedures make
        possible the prolongation of human life beyond natural
        limits.
            (4)  The application of some procedures to an individual
        suffering a difficult and uncomfortable process of dying may
        cause loss of dignity and secure only continuation of a
        precarious and burdensome prolongation of life.
            (5)  It is in the best interest of individuals under the
        care of health care providers if health care providers
        initiate discussions with them regarding living wills and
        health care powers of attorney during initial consultations,
        annual examinations, at diagnosis of a chronic illness or
        when an individual under their care transfers from one health
        care setting to another so that the individuals under their
        care may make known their wishes to receive, continue,
        discontinue or refuse medical treatment in the event that
        they are diagnosed with an end-stage medical condition or
        become permanently unconscious.
            (6)  Health care providers should initiate such
        discussions, including discussion of out-of-hospital do-not-
        resuscitate orders, with individuals under their care at the
        time of determination of an end-stage medical condition and
        should document such discussion in the individual's medical
        record.

Last modified: November 27, 2007