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

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

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

"Best interest" means that thebenefits to the individual resulting from a treatment outweigh the burdens tothe 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 causedto the individual by the treatment or the withholding or withdrawal of thetreatment;

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

(4)  The effect of the treatment on the lifeexpectancy of the patient;

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

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

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

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

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

"Guardian" means a judiciallyappointed guardian having authority to make a health-care decision for anindividual.

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

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

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

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

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

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

"Health-care provider" means anindividual licensed, certified, or otherwise authorized or permitted by law toprovide health care in the ordinary course of business or practice of aprofession.

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

"Interested persons" means thepatient's spouse, unless legally separated or estranged, a reciprocalbeneficiary, any adult child, either parent of the patient, an adult sibling oradult grandchild of the patient, or any adult who has exhibited special careand concern for the patient and who is familiar with the patient's personalvalues.

"Person" means an individual,corporation, business trust, estate, trust, partnership, association, jointventure, government, governmental subdivision, agency, or instrumentality, or anyother legal or commercial entity.

"Physician" means an individualauthorized 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 theindividual granting the power.

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

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

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

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

"Surrogate" means an individual,other than a patient's agent or guardian, authorized under this chapter to makea health-care decision for the patient. [L 1999, c 169, pt of §1; am L 2004, c161, §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, c11, §76(2).