Alaska Statutes Title 13, Chapter 13.52 - Health Care Decisions Act

• Sec. 13.52.010 Advance Health Care Directives.
  (a) Except as provided in AS 13.52.173 , an adult may give an individual instruction. Except as provided in AS 13.52.177 , the instruction...
• Sec. 13.52.020 Revocation of Advance Health Care Directive.
  (a) Except in the case of mental illness under (c) of this section, a principal may revoke the designation of an agent only by...
• Sec. 13.52.025 Rescission of Withdrawal by Agent.
  A person who has withdrawn as an agent may rescind the withdrawal by executing an acceptance after the date of the withdrawal. A person...
• Sec. 13.52.030 Surrogates.
  (a) Except in the case of mental health treatment and except as provided by AS 13.52.173 and 13.52.193, a surrogate may make a health...
• Sec. 13.52.040 Decisions by Guardian.
  (a) Subject to AS 13.52.183 , 13.52.193, and 13.52.203, a guardian shall comply with the ward's individual instructions and may not revoke a ward's...
• Sec. 13.52.045 Withholding or Withdrawing of Life-Sustaining Procedures.
  Notwithstanding any other provision of this chapter, an agent or a surrogate may determine that life-sustaining procedures may be withheld or withdrawn from a...
• Sec. 13.52.050 Decisions for Exceptional Procedures.
  Unless there is a durable power of attorney for health care or another writing clearly expressing an individual's intent to the contrary, an agent...
• Sec. 13.52.055 Pregnancy.
  (a) Before implementing a health care decision for a woman of childbearing age that would affect a fetus if present, the supervising health care...
• Sec. 13.52.060 Obligations of Health Care Providers, Institutions, and Facilities.
  (a) Before implementing a health care decision made for a patient, a supervising health care provider, if possible, shall promptly communicate to the patient...
• Sec. 13.52.065 Do Not Resuscitate Protocol and Identification Requirements.
  (a) A physician may issue a do not resuscitate order for a patient of the physician. The physician shall document the grounds for the...
• Sec. 13.52.070 Health Care Information.
  (a) Unless otherwise specified in an advance health care directive, a person then authorized to make health care decisions for a patient has the...
• Sec. 13.52.080 Immunities.
  (a) A health care provider or health care institution that acts in good faith and in accordance with generally accepted health care standards applicable...
• Sec. 13.52.090 Statutory Damages.
  (a) A health care provider or institution that intentionally violates this chapter is liable to the aggrieved individual or the individual's estate for damages...
• Sec. 13.52.100 Capacity.
  (a) This chapter does not affect the right of an individual to make health care decisions while having capacity to make health care decisions.(b)...
• Sec. 13.52.110 Status of Copy.
  A copy of a written advance health care directive, revocation of an advance health care directive, or designation or disqualification of an agent or...
• Sec. 13.52.120 Effect of This Chapter.
  (a) In the absence of evidence to the contrary of the patient's intent, this chapter establishes a presumption in favor of life, consistent with...
• Sec. 13.52.130 Prohibited Requirements.
  As a condition of receiving or being insured for health care services, a health care provider, a health care institution, a health care service...
• Sec. 13.52.135 Discriminatory Treatment Prohibited.
  When determining the best interest of a patient under this chapter, health care treatment may not be denied to a patient because the patient...
• Sec. 13.52.140 Judicial Relief.
  On petition of a patient, the patient's agent, guardian, or surrogate, or a health care provider or institution involved with the patient's care, the...
• Sec. 13.52.150 Do Not Resuscitate Orders and Identification of Other Jurisdictions.
  A do not resuscitate order or a do not resuscitate identification executed, issued, or authorized in another state or a territory or possession of...
• Sec. 13.52.160 Determination of Qualifying Condition.
  Whether a patient has a qualifying condition under this chapter shall be determined by the primary physician of the patient and by at least...
• Sec. 13.52.170 Making, Amending, Revoking, and Refusing to Make Anatomical Gifts by Individual. [Repealed, Sec. 36 Ch 100 Sla 2008].
  Repealed or Renumbered
• Sec. 13.52.173 Who May Make Anatomical Gift Before Donor's Death.
  Subject to AS 13.52.193 , an anatomical gift of a donor's body or part may be made during the life of the donor for...
• Sec. 13.52.177 Manner of Making Anatomical Gift Before Donor's Death.
  (a) A donor may make an anatomical gift(1) by authorizing a statement or symbol indicating that the donor has made an anatomical gift to...
• Sec. 13.52.180 Making, Revoking, and Objecting to Anatomical Gifts by Others. [Repealed, Sec. 36 Ch 100 Sla 2008].
  Repealed or Renumbered
• Sec. 13.52.183 Amending or Revoking Anatomical Gift Before Donor's Death.
  (a) Except in the case of mental illness under AS 13.52.020 (c), and subject to AS 13.52.193 , a donor or another person authorized...
• Sec. 13.52.187 Refusal to Make Anatomical Gift; Effect of Refusal.
  (a) An individual may refuse to make an anatomical gift of the individual's body or part by(1) a record signed by(A) the individual; or(B)...
• Sec. 13.52.190 Optional Form for Anatomical Gift by Another Person. [Repealed, Sec. 36 Ch 100 Sla 2008].
  Repealed or Renumbered
• Sec. 13.52.193 Preclusive Effect of Anatomical Gift, Amendment, or Revocation.
  (a) Except as otherwise provided in (g) of this section and subject to (f) of this section, in the absence of an express, contrary...
• Sec. 13.52.197 Who May Make Anatomical Gift of Decedent's Body or Part.
  (a) Subject to (b) and (c) of this section and unless barred by AS 13.52.187 or 13.52.193, an anatomical gift of a decedent's body...
• Sec. 13.52.200 Routine Inquiry and Required Request; Search and Notification. [Repealed, Sec. 36 Ch 100 Sla 2008].
  Repealed or Renumbered
• Sec. 13.52.203 Manner of Making, Amending, or Revoking Anatomical Gift of Decedent's Body or Part.
  (a) Notwithstanding AS 13.52.020 , a person authorized to make an anatomical gift under AS 13.52.197 may make an anatomical gift by a document...
• Sec. 13.52.207 Persons Who May Receive Anatomical Gift; Purpose of Anatomical Gift.
  (a) An anatomical gift may be made to the following persons named in the document of gift:(1) a hospital, an accredited medical school, a...
• Sec. 13.52.210 Persons Who May Become Donees; Purposes for Which Anatomical Gifts May Be Made. [Repealed, Sec. 36 Ch 100 Sla 2008].
  Repealed or Renumbered
• Sec. 13.52.213 Search and Notification.
  (a) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a...
• Sec. 13.52.217 Delivery of Document of Gift Not Required; Right to Examine.
  (a) A document of gift need not be delivered during the donor's lifetime to be effective.(b) On or after an individual's death, a person...
• Sec. 13.52.220 Delivery of Document of Gift. [Repealed, Sec. 36 Ch 100 Sla 2008].
  Repealed or Renumbered
• Sec. 13.52.223 Rights and Duties of Procurement Organization and Others.
  (a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the...
• Sec. 13.52.227 Coordination of Procurement and Use.
  A hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.
• Sec. 13.52.230 Rights and Duties At Death. [Repealed, Sec. 36 Ch 100 Sla 2008].
  Repealed or Renumbered
• Sec. 13.52.233 Sale or Purchase of Parts Prohibited; Charges Allowed.
  (a) Except as otherwise provided in (b) of this section, a person who, for valuable consideration, knowingly purchases or sells a part for transplantation...
• Sec. 13.52.240 Coordination of Procurement and Use. [Repealed, Sec. 36 Ch 100 Sla 2008].
  Repealed or Renumbered
• Sec. 13.52.243 Immunity.
  (a) Except as provided by AS 13.52.080 and 13.52.090, a person who acts under AS 13.52.173 - 13.52.268 or with the applicable anatomical gift...
• Sec. 13.52.247 Law Governing Validity; Choice of Law As to Execution of Document of Gift; Presumption of Validity.
  (a) Notwithstanding AS 13.52.010 (k), a document of gift is valid if executed under(1) AS 13.52.173 - 13.52.268;(2) the laws of the state or...
• Sec. 13.52.250 Sale or Purchase of Parts Prohibited. [Repealed, Sec. 36 Ch 100 Sla 2008].
  Repealed or Renumbered
• Sec. 13.52.253 Effect of Anatomical Gift on Advance Health Care Directive.
  Except as provided by AS 13.52.055 , if a prospective donor has an advance health care directive, and the terms of the directive and...
• Sec. 13.52.255 Cooperation Between Coroner, State Medical Examiner, and Procurement Organization.
  (a) A coroner and a state medical examiner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose...
• Sec. 13.52.257 Facilitation of Anatomical Gift From Decedent Whose Body is Under Jurisdiction of Coroner or State Medical Examiner.
  (a) On request of a procurement organization, a coroner or the state medical examiner may release to the procurement organization the name, contact information,...
• Sec. 13.52.260 Examination, Autopsy, Liability. [Repealed, Sec. 36 Ch 100 Sla 2008].
  Repealed or Renumbered
• Sec. 13.52.263 Relation to Electronic Signatures in Global and National Commerce Act.
  AS 13.52.173 - 13.52.267 modify, limit, and supersede 15 U.S.C. 7001 - 7031 (Electronic Signatures in Global and National Commerce Act), except that AS...
• Sec. 13.52.265 Prohibition Against Authorization by Coroner, State Medical Examiner, or Local Public Health Official. [Repealed, Sec. 36 Ch 100 Sla 2008].
  Repealed or Renumbered
• Sec. 13.52.267 Uniformity of Application and Construction.
  In applying and construing AS 13.52.173 - 13.52.263, consideration shall be given to the need to promote uniformity of the law with respect to...
• Sec. 13.52.270 Applicability Provisions. [Repealed, Sec. 36 Ch 100 Sla 2008].
  Repealed or Renumbered
• Sec. 13.52.275 Construction Where Mental Illness.
  In the case of mental illness, nothing in this chapter may be construed to override or undermine the validity of a properly executed durable...
• Sec. 13.52.280 Uniformity of Application and Construction. [Repealed, Sec. 36 Ch 100 Sla 2008].
  Repealed or Renumbered
• Sec. 13.52.290 Severability.
  If a provision of this chapter, or the application of this chapter to a person or circumstance is held invalid, including being held unconstitutional,...
• Sec. 13.52.300 Optional Form.
  The following sample form may be used to create an advance health care directive. The other sections of this chapter govern the effect of...
• Sec. 13.52.390 Definitions.
  In this chapter, unless the context otherwise requires,(1) "advance health care directive" means an individual instruction or a durable power of attorney for health...
• Sec. 13.52.395 Short Title.
  This chapter may be cited as the Health Care Decisions Act.

Last modified: November 15, 2016