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Duties of attending physician and health care provider - 20 Pa. Cons. Stat. § 5462Legal Research Home > Pennsylvania Statutes Sponsored Links
§ 5462. Duties of attending physician and health care provider.
(a) Duty to certify end-stage medical condition.--Promptly
after a determination that a principal has an end-stage medical
condition or is permanently unconscious, the attending physician
shall certify in writing that the principal has an end-stage
medical condition or is permanently unconscious.
(b) Communication of health care decision.--Whenever
possible before implementing a health care decision made by a
health care representative or health care agent, an attending
physician or health care provider shall promptly communicate to
the principal the decision and the identity of the person making
the decision.
(c) Compliance with decisions of health care agent and
health care representative.--
(1) Health care necessary to preserve life shall be
provided to an individual who has neither an end-stage
medical condition nor is permanently unconscious, except if
the individual is competent and objects to such care or a
health care agent objects on behalf of the principal if
authorized to do so by the health care power of attorney or
living will. In every other case, subject to any limitation
specified in the health care power of attorney, an attending
physician or health care provider shall comply with a health
care decision made by a health care agent or health care
representative to the same extent as if the decision had been
made by the principal.
(2) In all circumstances this subsection shall be
construed so as to be consistent with the Americans with
Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327).
(d) Medical record.--
(1) An attending physician or health care provider who
is given a health care power of attorney shall arrange for
the health care power of attorney or a copy to be placed in
the medical record of the principal.
(2) An attending physician or health care provider to
whom an amendment or revocation of a health care power of
attorney is communicated shall promptly enter the information
in the medical record of the principal and maintain a copy if
one is furnished.
(e) Record of determination.--An attending physician who
determines that a principal is incompetent or has become
competent or makes a determination that affects the authority of
a health care agent shall enter the determination in the medical
record of the principal and, if possible, promptly inform the
principal and any health care agent of the determination.
Cross References. Section 5462 is referred to in sections
5431, 5456 of this title.
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Last modified: November 27, 2007 |