§327K-2  [Provider] orders for

life-sustaining treatment form; execution; explanation; compliance; revocation. 

(a)  The following may execute a form:

     (1)  The patient;

     (2)  The patient's provider; and

     (3)  The legally authorized representative, but only if

the patient:

         (A)  Lacks capacity; or

         (B)  Has designated that the legally authorized

representative is authorized to execute the form.

The patient's provider may medically evaluate the

patient and, based upon the evaluation, may recommend new orders consistent

with the most current information available about the individual's health

status and goals of care.  The patient's provider shall consult with the

patient or the patient's legally authorized representative before issuing any

new orders on a form.  The patient or the patient's legally authorized

representative may choose to execute or not execute any new form.  If a patient

is incapacitated, the patient's legally authorized representative shall consult

with the patient's provider before requesting the patient's provider to modify

treatment orders on the form.  To be valid, a form shall be signed by the

patient's provider and the patient, or the patient's provider and the patient's

legally authorized representative.  At any time, a patient, or, if incapacitated,

the patient's legally authorized representative, may request alternative

treatment that differs from the treatment indicated on the form.

     (b)  The patient's physician or a health care

provider shall explain to the patient the nature and content of the form,

including any medical intervention or procedures, and shall also explain the

difference between an advance health-care directive and the form.  The form

shall be prepared by the patient's physician or a health care provider based on

the patient's preferences and medical indications.

     (c)  Any health care provider, including the

patient's physician, emergency medical services personnel, and emergency

physicians shall comply with a properly executed and signed form and treat the

patient according to the orders on the form; provided that compliance shall not

be required if the orders on the form request medically ineffective health care

or health care that is contrary to generally accepted health care standards.

     (d)  A patient having capacity, or, if the

patient is incapacitated, the patient's legally authorized representative, may

revoke a form at any time and in any manner that communicates intent to revoke.

[L 2009, c 186, pt of §1; am L 2014, c 154, §4]