(a) For residents suffering from a terminal condition as defined in § 20-17-201, facilities may withhold nutrition or hydration, or both, only pursuant to:
(1) The directive or with the consent of the resident;
(2) A validly executed declaration as defined in § 20-17-201; or
(3) The instructions of a person authorized to execute a written request for another under § 20-17-214 if:
(A) The resident did not execute a declaration; and
(B) In the opinion of the attending physician, the resident is no longer able to make healthcare decisions for himself or herself; or
(4) The directions of an attorney-in-fact appointed under a validly executed durable power of attorney for health care as defined in § 20-13-104.
(b) For residents who are permanently unconscious as defined in § 20-17-201, facilities may withhold nutrition or hydration, or both, only pursuant to:
(1) A validly executed declaration as defined in § 20-17-201;
(2) The instructions of a person authorized to execute a written request for another pursuant to § 20-17-214 if:
(A) The resident did not execute a declaration; and
(B) In the opinion of the attending physician, the resident is no longer able to make healthcare decisions for himself or herself; or
(3) The directions of an attorney-in-fact appointed under a validly executed durable power of attorney for health care as defined in § 20-13-104.
(c) (1) Notwithstanding subsections (a) and (b) of this section, the wishes of a resident who requests nutrition or hydration, or both, shall be honored.
(2) Unless the use of artificial means is specifically requested, a patient's request for nutrition or hydration, or both, shall not be honored by use of artificial means if doing so would require the insertion of any apparatus into the patient's body.
(d) The attending physician or other health care provider may not substitute his or her judgment relating to nutrition or hydration and make a decision that is contrary to the known wishes of the resident.
Section: Previous 20-10-1002 20-10-1003 20-10-1004 20-10-1005 20-10-1006 20-10-1007 20-10-1008 20-10-1009 20-10-1010Last modified: November 15, 2016