TITLE 39

HEALTH AND SAFETY

CHAPTER 45

THE MEDICAL CONSENT AND NATURAL DEATH ACT

39-4513.  Immunity. (1) No licensed independent practitioner, emergency medical services personnel, other health care provider, facility, or individual employed by, acting as the agent of, or under contract with any such health care provider or facility shall be civilly or criminally liable or subject to discipline for unprofessional conduct for acts or omissions carried out or performed in good faith pursuant to the directives in a facially valid advance care planning document, DNR order, or other health care directive, or pursuant to a POST identification device as provided for in section 39-4512A, Idaho Code.

(2)  Any licensed independent practitioner or other health care provider who for ethical or professional reasons is unwilling to conform to the desires of the patient or the patient’s surrogate decision-maker may, subject to the requirements of section 39-4514(3), Idaho Code, withdraw without incurring any civil or criminal liability provided the licensed independent practitioner or other health care provider, before withdrawal of his or her participation, makes a good faith effort to assist the patient in obtaining the services of another licensed independent practitioner or other health care provider who is willing to provide care for the patient in accordance with the patient’s expressed or documented wishes.

(3)  No person who exercises the responsibilities of a health care agent in good faith shall be subject to civil or criminal liability as a result.

(4)  Neither the registration of an advance care planning document in the health care directive registry under section 39-4515, Idaho Code, nor the revocation or replacement of such an advance care planning document requires a licensed independent practitioner or other health care provider to request information from that registry. The decision of a licensed independent practitioner or other health care provider to request or not to request an advance care planning document from the registry shall be immune from civil or criminal liability. A licensed independent practitioner or other health care provider who in good faith acts in reliance on a facially valid advance care planning document received from the health care directive registry shall be immune from civil or criminal liability for those acts done in such reliance.

(5)  Licensed independent practitioners and other health care providers may disregard the POST form or a POST identification device or a DNR order:

(a)  If they believe in good faith that the order has been revoked;

(b)  To avoid oral or physical confrontation; or

(c)  If ordered to do so by a licensed independent practitioner.

History:

[39-4513, added 2005, ch. 120, sec. 2, p. 389; am. 2006, ch. 67, sec. 5, p. 208; am. 2007, ch. 196, sec. 16, p. 591; am. 2012, ch. 302, sec. 13, p. 836; am. 2012, ch. 305, sec. 2, p. 844; am. 2023, ch. 307, sec. 18, p. 931.]