36-3294

36-3294. Registration; purge of registered
documents

A. On receipt of a completed registration form, the secretary of state shall create
a digital reproduction of the document, enter the reproduced document into the health
care directives registry database and assign each registered document a unique file
number and password.

B. The secretary of state is not required to review a document to ensure that it
complies with the particular statutory requirements applicable to the document.

C. After entering the reproduced document into the registry database, the secretary
of state shall provide the person who submitted the document with a printed record of the
information entered into the database under the file number and a wallet size card that
contains the document's file number and a password.

D. The person who submitted the document shall review the printed record. If the
information is accurate, the person shall check the box marked "no corrections required"
and sign and return the printed record to the secretary of state's office.

E. If the person who submitted the document determines that the printed record is
inaccurate, the person shall correct the information and sign and return the corrected
printed record to the secretary of state. On receipt of a corrected printed record, the
secretary of state shall make the proper corrections and send a corrected printed record
to the person who submitted the document. If the information is accurate, the person
shall check the box marked "no corrections required" and sign and return the printed
record to the secretary of state's office.

F. The secretary of state shall activate the entry into the health care directives
registry database only after receiving a printed record marked "no corrections required"
or when making changes that are indicated on the printed record.

G. The secretary of state shall delete a document filed with the registry pursuant
to this section if the secretary of state receives a revocation of a document along with
that document's file number and password. The secretary of state may delete a nonactive
document filed with the registry pursuant to this section if the secretary of state does
not receive a response pursuant to subsections D and E within ninety days after providing
the information prescribed by subsections C and E.

H. The entry of a document pursuant to this article does not:

1. Affect the validity of the document.

2. Relate to the accuracy of information contained in the document.

3. Create a presumption regarding the validity of the document or the accuracy of
information contained in the document.

I. The secretary of state shall purge a document filed with the registry on
verification by the director of the department of health services of the death of the
person who submitted the document. The secretary of state shall purge the registry of
documents pursuant to this subsection at least once every five years. The director of
the department of health services shall share its registry of death certificates with the
secretary of state in order to conduct the document purge required by this subsection.

J. The secretary of state may establish an electronic means of carrying out the
requirements of this section.