[§327E-7]  Obligations of health-careprovider.  (a)  Before implementing a health-care decision made for apatient, a supervising health-care provider, if possible, shall promptlycommunicate to the patient the decision made and the identity of the personmaking the decision.

(b)  A supervising health-care provider whoknows of the existence of an advance health-care directive, a revocation of anadvance health-care directive, or a designation or disqualification of asurrogate, shall promptly record its existence in the patient's health-carerecord and, if it is in writing, shall request a copy and if one is furnishedshall arrange for its maintenance in the health-care record.

(c)  A supervising health-care provider whomakes or is informed of a determination that a patient lacks or has recoveredcapacity, or that another condition exists which affects an individualinstruction or the authority of an agent, guardian, or surrogate, shallpromptly record the determination in the patient's health-care record andcommunicate the determination to the patient, if possible, and to any personthen authorized to make health-care decisions for the patient.

(d)  Except as provided in subsections (e) and(f), a health-care provider or institution providing care to a patient shall:

(1)  Comply with an individual instruction of thepatient and with a reasonable interpretation of that instruction made by aperson then authorized to make health-care decisions for the patient; and

(2)  Comply with a health-care decision for thepatient made by a person then authorized to make health-care decisions for thepatient to the same extent as if the decision had been made by the patientwhile having capacity.

(e)  A health-care provider may decline tocomply with an individual instruction or health-care decision for reasons ofconscience.  A health-care institution may decline to comply with an individualinstruction or health-care decision if the instruction or decision is contraryto a policy of the institution which is expressly based on reasons ofconscience and if the policy was timely communicated to the patient or to aperson then authorized to make health-care decisions for the patient.

(f)  A health-care provider or institution maydecline to comply with an individual instruction or health-care decision thatrequires medically ineffective health care or health care contrary to generallyaccepted health-care standards applicable to the health-care provider orinstitution.

(g)  A health-care provider or institution thatdeclines to comply with an individual instruction or health-care decisionshall:

(1)  Promptly so inform the patient, if possible, andany person then authorized to make health-care decisions for the patient;

(2)  Provide continuing care to the patient until atransfer can be effected; and

(3)  Unless the patient or person then authorized tomake health-care decisions for the patient refuses assistance, immediately makeall reasonable efforts to assist in the transfer of the patient to anotherhealth-care provider or institution that is willing to comply with theinstruction or decision.

(h)  A health-care provider or institution maynot require or prohibit the execution or revocation of [an] advance health-caredirective as a condition for providing health care. [L 1999, c 169, pt of §1]