TITLE 23
Health and Safety
CHAPTER 23-4.11
Rights of the Terminally Ill Act
SECTION 23-4.11-4
§ 23-4.11-4 Revocation of declaration.
(a)(1) A declaration may be revoked at any time and in any manner by which the
declarant is able to communicate an intent to revoke, without regard to mental
or physical condition. A revocation is only effective as to the attending
physician or any health care provider upon communication to that physician or
health care provider by the declarant or by another who witnessed the
revocation.
(2) The attending physician or health care provider shall
make the revocation a part of the declarant's medical record.
(3) If there is an inconsistency between a declaration
executed pursuant to this chapter and a durable health care power of attorney
executed pursuant to chapter 4.10 of this title, both of which have been
executed by the same person, the latter executed document shall control as to
any inconsistent provision.
(4) For emergency medical services personnel, absence of
reliable documentation as defined in § 23-4.11-2(6) shall constitute a
revocation of the declaration.
(b) A revocation is only effective as to the attending
physician or any health care provider or emergency medical services personnel
upon communication to that physician health care provider or emergency medical
services personnel by the declarant or by another who witnessed the revocation.
History of Section.
(P.L. 1991, ch. 166, § 1; P.L. 1991, ch. 308, § 1; P.L. 1992, ch.
443, § 3.)