TITLE 39

HEALTH AND SAFETY

CHAPTER 45

THE MEDICAL CONSENT AND NATURAL DEATH ACT

39-4511B.  suspension of advance care planning document. (1) An advance care planning document (ACPD) may be suspended at any time by the maker thereof by any of the following methods:

(a)  By a written signed suspension by the maker thereof expressing his intent to suspend;

(b)  By an oral expression by the maker thereof expressing his intent to suspend; or

(c)  By any other action that clearly manifests the maker’s intent to suspend the ACPD.

(2)  A health care provider who does not have actual knowledge of the suspension is entitled to rely on an otherwise apparently valid ACPD as though it had not been suspended.

(3)  There shall be no criminal or civil liability on the part of any person for the failure to act upon a suspension of an ACPD made pursuant to this chapter unless that person has actual knowledge of the suspension.

(4)  Upon meeting the termination terms of the suspension, if any, as defined by the written or oral expression by the maker, the conditions set forth in the ACPD will resume.

History:

[39-4511B, added 2012, ch. 302, sec. 10, p. 834; am. 2017, ch. 273, sec. 3, p. 714; am. 2023, ch. 307, sec. 13, p. 929.]