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Title XII PUBLIC HEALTH AND WELFARE

Chapter 194

Effective - 28 Aug 2008 bottom

  194.290.  Declarations and advance health care directives — definitions — gift in conflict with, donor or physician to resolve. — 1.  As used in this section, the following terms mean:

  (1)  "Advance health-care directive", a power of attorney for health care or a record signed or authorized by a prospective donor, containing the prospective donor's direction concerning a health-care decision for the prospective donor;

  (2)  "Declaration", a record, including but not limited to a living will, or a do-not-resuscitate order, signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn;

  (3)  "Health-care decision", any decision regarding the health care of the prospective donor.

  2.  If a prospective donor has a declaration or advance health-care directive and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donor's attending physician and prospective donor shall confer to resolve the conflict.  If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor's declaration or directive or, if none or the agent is not reasonably available, another person authorized by law to make health-care decisions on behalf of the prospective donor shall act for the donor to resolve the conflict.  The conflict must be resolved as expeditiously as possible.  Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under section 194.245.  Before the resolution of the conflict, measures necessary to ensure the medical suitability of an organ for transplantation or therapy may not be withheld or withdrawn from the prospective donor if withholding or withdrawing the measures is not contraindicated by appropriate end-of-life care.

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(L. 1969 S.B. 43 § 9, A.L. 2008 S.B. 1139)


---- end of effective   28 Aug 2008 ----

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