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REFERENCE TITLE: health care directives; conflicts |
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State of Arizona Senate Fifty-second Legislature First Regular Session 2015
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SB 1404 |
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Introduced by Senators Yee, Farnsworth D, Kavanagh, Lesko, Smith, Ward; Representative Kern: Senators Allen, Barto, Begay, Burges, Driggs, Griffin, Shooter; Representatives Fann, Finchem, Lawrence, Leach, Livingston, Montenegro, Thorpe
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AN ACT
Amending section 36‑3209, Arizona Revised Statutes; relating to health care directives.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-3209, Arizona Revised Statutes, is amended to read:
36-3209. Health care directives; conflicts; orders regarding life‑sustaining treatment; requirements; definitions
A. If there are conflicts among the provisions of valid health care directives, the most recent directive is deemed to represent the wishes of the patient.
B. Notwithstanding any other law, if there is a conflict between a provision of a valid health care directive or the decision of a patient's agent pursuant to a valid health care power of attorney and a health care provider's order, including an order regarding life‑sustaining treatment or a similar document, the health care directive or the decision of the patient's agent is presumed to represent the decision of the patient.
C. An order regarding life‑sustaining treatment or a similar document is invalid unless all of the following apply:
1. The order is signed by a physician.
2. The order is signed by the patient.
3. The signing by the patient is witnessed by two individuals, one of whom may be the physician.
4. The patient is deemed by the physician to have a terminal condition at the time of the signing.
5. The physician informs the patient and ensures that the order represents the patient's independent decision about end‑of‑life care and not the decision of the physician or a health care institution.
6. The patient is at least eighteen years of age.
D. Before the execution of a health care provider's order for life‑sustaining treatment or a similar document, reasonable efforts shall be made to determine whether a valid health care directive exists for the patient.
E. This section does not recognize an independent right to use a health care provider's order regarding life‑sustaining treatment or a similar document under the laws of this state.
F. For the purposes of this section:
1. "Physician" means a person who is licensed pursuant to title 32, chapter 13 or 17.
2. "Terminal condition" means any disease, illness or condition sustained by any human being for which there is no reasonable medical expectation of recovery and that is likely to result in the death of the human being within six months, regardless of the use or discontinuance of medical treatment implemented for the purpose of sustaining life or the life processes.