[§327K-2]  Physician orders forlife-sustaining treatment form; execution; explanation; compliance; revocation. (a)  The following may execute a form:

(1)  The patient;

(2)  The patient's physician; and

(3)  The surrogate, but only if the patient:

(A)  Lacks capacity; or

(B)  Has designated that the surrogate isauthorized to execute the form.

The patient's physician may medically evaluate thepatient and, based upon the evaluation, may recommend new orders consistentwith the most current information available about the individual's healthstatus and goals of care.  The patient's physician shall consult with thepatient or the patient's surrogate before issuing any new orders on a form. The patient or the patient's surrogate may choose to execute or not execute anynew form.  If a patient is incapacitated, the patient's surrogate shall consultwith the patient's physician before requesting the patient's physician tomodify treatment orders on the form.  To be valid, a form shall be signed bythe patient's physician and the patient, or the patient's physician and thepatient's surrogate.  At any time, a patient, or, if incapacitated, thepatient's surrogate, may request alternative treatment that differs from thetreatment indicated on the form.

(b)  The patient's physician or a health careprovider shall explain to the patient the nature and content of the form,including any medical intervention or procedures, and shall also explain thedifference between an advance health-care directive and the form.  The formshall be prepared by the patient's physician or a health care provider based onthe patient's preferences and medical indications.

(c)  Any health care provider, including thepatient's physician, emergency medical services personnel, and emergencyphysicians shall comply with a properly executed and signed form and treat thepatient according to the orders on the form; provided that compliance shall notbe required if the orders on the form request medically ineffective health careor health care that is contrary to generally accepted health care standards.

(d)  A patient having capacity, or, if thepatient is incapacitated, the patient's surrogate, may revoke a form at anytime and in any manner that communicates intent to revoke. [L 2009, c 186, ptof §1]