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Title XXVI TRADE AND COMMERCE

Chapter 404

Effective - 28 Aug 1991 bottom

  404.820.  Withdrawing or withholding treatment, specific authority required — restrictions. — 1.  If a patient wishes to confer on an attorney in fact the authority to direct a health care provider to withhold or withdraw artificially supplied nutrition and hydration, the patient shall specifically grant such authority in the power of attorney.  This limitation shall not be construed to require that artificially supplied nutrition and hydration be continued when, in the medical judgment of the attending physician, the patient cannot tolerate it.

  2.  Notwithstanding any other provision of sections 404.800 to 404.865 to the contrary, no attorney in fact may, with the intent of causing the death of the patient, authorize the withdrawal of nutrition or hydration which the patient may ingest through natural means.

  3.  Attorneys in fact shall consider appropriate measures in accord with current standards of medical practice to provide comfort to the patient.

  4.  Before an attorney in fact or physician may authorize the withdrawal of nutrition or hydration which the patient may ingest through artificial means, the physician must:

  (1)  Attempt to explain to the patient the intention to withdraw nutrition and hydration and the consequences for the patient and to provide the opportunity for the patient to refuse the withdrawal of nutrition and hydration; or

  (2)  Insert in the patient's file a certification that the patient is comatose or consistently in a condition which makes it impossible for the patient to understand the intention to withdraw nutrition and hydration and the consequences to the patient.

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(L. 1991 S.B. 148)


---- end of effective   28 Aug 1991 ----

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