TITLE 39

HEALTH AND SAFETY

CHAPTER 45

THE MEDICAL CONSENT AND NATURAL DEATH ACT

39-4502.  Definitions. As used in this chapter:

(1)  "Advance care planning document," "advance directive," "directive," or "health care directive" means a document that:

(a)  Substantially meets the requirements of section 39-4510(1), Idaho Code;

(b)  Is a POST form; or

(c)  Is another document that represents a competent person’s authentic expression of such person’s wishes concerning health care services.

(2)  "Advanced practice registered nurse" means a professional nurse licensed in this state who has gained additional specialized knowledge, skills, and experience through a nationally accredited program of study as defined by section 54-1402, Idaho Code, and is authorized to perform advanced nursing practice, which may include direct client care such as assessing, diagnosing, planning, and prescribing pharmacologic and nonpharmacologic therapeutic and corrective measures, health promotion, and preventive care as defined by rules of the board of nursing. An advanced practice registered nurse collaborates with other health professionals in providing health care services.

(3)  "Artificial life-sustaining treatment" means any medical procedure or intervention that utilizes mechanical means to sustain or supplant a vital function. Artificial life-sustaining treatment does not include the administration of pain management medication or the performance of any medical procedure deemed necessary to provide comfort care or to alleviate pain.

(4)  "Artificial nutrition and hydration" means supplying food and water through a conduit, such as a tube or intravenous line, where the recipient is not required to chew or swallow voluntarily, but does not include assisted feeding, such as spoon feeding or bottle feeding.

(5)  "Attending licensed independent provider" means the licensed independent practitioner who is selected by, or assigned to, the patient and who has primary responsibility for the treatment and care of the patient.

(6)  "Cardiopulmonary resuscitation" or "CPR" means measures to restore cardiac function and/or to support ventilation in the event of cardiac or respiratory arrest.

(7)  "Comfort care" means treatment that may include oxygen and medicine to relieve pain and symptoms but does not include artificial life support, artificial hydration, and artificial nutrition. Comfort care may be provided in any setting.

(8)  "Consent to treatment" means the agreement an individual makes to receive health care services. Consent to treatment also includes:

(a)  Refusal to consent to treatment; and

(b)  Consent to withholding or withdrawal of health care services.

(9)  "Emergency medical services personnel" means personnel engaged in providing initial emergency medical assistance, including but not limited to first responders, emergency medical technicians, and paramedics.

(10) "Health care agent" means a person named in an advance care planning document to make medical decisions for another person.

(11) "Health care provider" or "provider" means any person or entity licensed, certified, or otherwise authorized by law to administer health care services in the ordinary course of business or practice of a profession, including emergency or other medical services personnel.

(12) "Health care services" means services for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease. Health care services may include hospital, medical, dental, surgical, or other services.

(13) "Licensed independent practitioner" means:

(a)  An individual licensed as a physician or physician assistant pursuant to chapter 18, title 54, Idaho Code; or

(b)  A person licensed as an advanced practice registered nurse pursuant to chapter 14, title 54, Idaho Code.

(14) "Nonbeneficial medical treatment" means treatment:

(a)  For a patient whose death, according to the reasonable medical judgment of a licensed independent practitioner, is imminent within hours or a few days regardless of whether the treatment is provided; or

(b)  That, according to the reasonable medical judgment of a licensed independent practitioner, will not benefit the patient’s condition.

(15) "Persistent vegetative state" means a condition in which a patient:

(a)  Is in a state of partial arousal rather than true awareness;

(b)  Is completely unresponsive to psychological or physical stimuli; and

(c)  Displays no sign of higher brain function.

(16) "Physician" shall have the same meaning as provided in section 54-1803, Idaho Code.

(17) "Physician assistant" shall have the same meaning as provided in section 54-1803, Idaho Code.

(18) "POST form" means a form that satisfies the requirements of section 39-4512A, Idaho Code.

(19) "POST identification device" means jewelry worn around the wrist, neck, or ankle representing that the wearer has a POST form complying with section 39-4512A, Idaho Code, and that such person has chosen "Do Not Resuscitate: Allow Natural Death (No Code/DNR/DNAR): No CPR or advanced cardiac life support interventions" or the equivalent choice.

(20) "Surrogate decision-maker" means the person authorized to consent to or refuse health care services for another person as specified in section 39-4504(1), Idaho Code.

History:

[39-4502, added 2007, ch. 196, sec. 2, p. 580; am. 2012, ch. 302, sec. 2, p. 826; am. 2023, ch. 12, sec. 4, p. 50; am. 2023, ch. 307, sec. 2, p. 922; am. 2024, ch. 16, sec. 14, p. 148.]