State Codes and Statutes

Statutes > Nebraska > Chapter71 > 71-4843

71-4843. Effect of anatomical gift on advancehealth care directive.(a) For purposes of this section:(1)Advance health care directive means a power of attorney for health care ora record signed or authorized by a prospective donor containing the prospectivedonor's direction concerning a health care decision for the prospective donor;(2)Declaration means a record signed by a prospective donor specifying the circumstancesunder which life-sustaining treatment may be withheld or withdrawn from theprospective donor; and(3) Health care decision means any decisionregarding the health care of the prospective donor.(b) If a prospectivedonor has a declaration or advance health care directive and the terms ofthe declaration or directive and the express or implied terms of a potentialanatomical gift are in conflict with regard to the administration of measuresnecessary to ensure the medical suitability of a part for transplantationor therapy, the prospective donor's attending physician and prospective donorshall confer to resolve the conflict. If the prospective donor is incapableof resolving the conflict, an agent acting under the prospective donor's declarationor directive, or, if none or the agent is not reasonably available, anotherperson authorized by law other than the Revised Uniform Anatomical Gift Actto make health care decisions on behalf of the prospective donor, shall actfor the donor to resolve the conflict. The conflict must be resolved as expeditiouslyas possible. Information relevant to the resolution of the conflict may beobtained from the appropriate procurement organization and any other personauthorized to make an anatomical gift for the prospective donor under section 71-4832. Before resolution of the conflict, measures necessary to ensure themedical suitability of the part from a prospective donor may not be administeredif it is determined that the administration of those measures would not providethe prospective donor with appropriate end-of-life care or it can be anticipatedby reasonable medical judgment that such measures would cause the prospectivedonor's death other than by the prospective donor's underlying pathology.If the conflict is not resolved expeditiously, the direction of the declarationor advanced directive controls. SourceLaws 2010, LB1036, § 20.Operative Date: January 1, 2011