[§327E-7]  Obligations of health-care

provider.  (a)  Before implementing a health-care decision made for a

patient, a supervising health-care provider, if possible, shall promptly

communicate to the patient the decision made and the identity of the person

making the decision.

     (b)  A supervising health-care provider who

knows of the existence of an advance health-care directive, a revocation of an

advance health-care directive, or a designation or disqualification of a

surrogate, shall promptly record its existence in the patient's health-care

record and, if it is in writing, shall request a copy and if one is furnished

shall arrange for its maintenance in the health-care record.

     (c)  A supervising health-care provider who

makes or is informed of a determination that a patient lacks or has recovered

capacity, or that another condition exists which affects an individual

instruction or the authority of an agent, guardian, or surrogate, shall

promptly record the determination in the patient's health-care record and

communicate the determination to the patient, if possible, and to any person

then 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 the

patient and with a reasonable interpretation of that instruction made by a

person then authorized to make health-care decisions for the patient; and

     (2)  Comply with a health-care decision for the

patient made by a person then authorized to make health-care decisions for the

patient to the same extent as if the decision had been made by the patient

while having capacity.

     (e)  A health-care provider may decline to

comply with an individual instruction or health-care decision for reasons of

conscience.  A health-care institution may decline to comply with an individual

instruction or health-care decision if the instruction or decision is contrary

to a policy of the institution which is expressly based on reasons of

conscience and if the policy was timely communicated to the patient or to a

person then authorized to make health-care decisions for the patient.

     (f)  A health-care provider or institution may

decline to comply with an individual instruction or health-care decision that

requires medically ineffective health care or health care contrary to generally

accepted health-care standards applicable to the health-care provider or

institution.

     (g)  A health-care provider or institution that

declines to comply with an individual instruction or health-care decision

shall:

     (1)  Promptly so inform the patient, if possible, and

any person then authorized to make health-care decisions for the patient;

     (2)  Provide continuing care to the patient until a

transfer can be effected; and

     (3)  Unless the patient or person then authorized to

make health-care decisions for the patient refuses assistance, immediately make

all reasonable efforts to assist in the transfer of the patient to another

health-care provider or institution that is willing to comply with the

instruction or decision.

     (h)  A health-care provider or institution may

not require or prohibit the execution or revocation of [an] advance health-care

directive as a condition for providing health care. [L 1999, c 169, pt of §1]