§327E-2  Definitions.  Whenever used in
this chapter, unless the context otherwise requires:



"Advance health-care directive" means
an individual instruction or a power of attorney for health care.



"Agent" means an individual
designated in a power of attorney for health care to make a health-care
decision for the individual granting the power.



"Best interest" means that the
benefits to the individual resulting from a treatment outweigh the burdens to
the individual resulting from that treatment and shall include:



(1)  The effect of the treatment on the physical,
emotional, and cognitive functions of the patient;



(2)  The degree of physical pain or discomfort caused
to the individual by the treatment or the withholding or withdrawal of the
treatment;



(3)  The degree to which the individual's medical
condition, the treatment, or the withholding or withdrawal of treatment,
results in a severe and continuing impairment;



(4)  The effect of the treatment on the life
expectancy of the patient;



(5)  The prognosis of the patient for recovery, with
and without the treatment;



(6)  The risks, side effects, and benefits of the
treatment or the withholding of treatment; and



(7)  The religious beliefs and basic values of the
individual receiving treatment, to the extent that these may assist the
surrogate decision-maker in determining benefits and burdens.



"Capacity" means an individual's
ability to understand the significant benefits, risks, and alternatives to
proposed health care and to make and communicate a health-care decision.



"Emancipated minor" means a person
under eighteen years of age who is totally self-supporting.



"Guardian" means a judicially
appointed guardian having authority to make a health-care decision for an
individual.



"Health care" means any care,
treatment, service, or procedure to maintain, diagnose, or otherwise affect an
individual's physical or mental condition, including:



(1)  Selection and discharge of health-care providers
and institutions;



(2)  Approval or disapproval of diagnostic tests, surgical
procedures, programs of medication, and orders not to resuscitate; and



(3)  Direction to provide, withhold, or withdraw
artificial nutrition and hydration; provided that withholding or withdrawing
artificial nutrition or hydration is in accord with generally accepted health
care standards applicable to health-care providers or institutions.



"Health-care decision" means a
decision made by an individual or the individual's agent, guardian, or
surrogate, regarding the individual's health care.



"Health-care institution" means an
institution, facility, or agency licensed, certified, or otherwise authorized
or permitted by law to provide health care in the ordinary course of business.



"Health-care provider" means an
individual licensed, certified, or otherwise authorized or permitted by law to
provide health care in the ordinary course of business or practice of a
profession.



"Individual instruction" means an
individual's direction concerning a health-care decision for the individual.



"Interested persons" means the
patient's spouse, unless legally separated or estranged, a reciprocal
beneficiary, any adult child, either parent of the patient, an adult sibling or
adult grandchild of the patient, or any adult who has exhibited special care
and concern for the patient and who is familiar with the patient's personal
values.



"Person" means an individual,
corporation, business trust, estate, trust, partnership, association, joint
venture, government, governmental subdivision, agency, or instrumentality, or any
other legal or commercial entity.



"Physician" means an individual
authorized to practice medicine or osteopathy under chapter 453.



"Power of attorney for health care"
means the designation of an agent to make health-care decisions for the
individual granting the power.



"Primary physician" means a physician
designated by an individual or the individual's agent, guardian, or surrogate,
to have primary responsibility for the individual's health care or, in the
absence of a designation or if the designated physician is not reasonably
available, a physician who undertakes the responsibility.



"Reasonably available" means able to
be contacted with a level of diligence appropriate to the seriousness and
urgency of a patient's health care needs, and willing and able to act in a
timely manner considering the urgency of the patient's health care needs.



"State" means a state of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, or a
territory or insular possession subject to the jurisdiction of the United
States.



"Supervising health-care provider"
means the primary physician or the physician's designee, or the health-care
provider or the provider's designee who has undertaken primary responsibility
for an individual's health care.



"Surrogate" means an individual,
other than a patient's agent or guardian, authorized under this chapter to make
a health-care decision for the patient. [L 1999, c 169, pt of §1; am L 2004, c
161, §3; am L 2009, c 11, §40]



 



Note



 



  Chapter 460 referred to in text is repealed.



  The 2009 amendment is retroactive to April 3, 2008. L 2009, c
11, §76(2).