TITLE 39

HEALTH AND SAFETY

CHAPTER 45

THE MEDICAL CONSENT AND NATURAL DEATH ACT

39-4514.  General provisions. (1) Application. Except as specifically provided in this section, sections 39-4510 through 39-4512B, Idaho Code, shall have no effect or be in any manner construed to apply to persons not executing an advance care planning document or other health care directive pursuant to this chapter nor shall these sections in any manner affect the rights of any such persons or of others acting for or on behalf of such persons to give or refuse to give consent or withhold consent for any health care services; neither shall sections 39-4510 through 39-4512B, Idaho Code, be construed to affect chapter 3 or chapter 4, title 66, Idaho Code, in any manner.

(2)  Euthanasia, mercy killing, or assisted suicide. This chapter does not make legal, and in no way condones, euthanasia, mercy killing, or assisted suicide or permit an affirmative or deliberate act or omission to end life, including any act or omission described in section 18-4017, Idaho Code, other than to allow the natural process of dying.

(3)  Withdrawal of care. Assisted feeding or artificial nutrition and hydration may not be withdrawn or denied if its provision is directed by a competent patient in accordance with section 39-4503, Idaho Code, by a patient’s advance care planning document under section 39-4510, Idaho Code, or by a patient’s surrogate decision-maker in accordance with section 39-4504, Idaho Code. Health care services necessary to sustain life or to provide appropriate comfort for a patient other than assisted feeding or artificial nutrition and hydration may not be withdrawn or denied if its provision is directed by a competent patient in accordance with section 39-4503, Idaho Code, by a patient’s advance care planning document under section 39-4510, Idaho Code, or by a patient’s surrogate decision-maker in accordance with section 39-4504, Idaho Code, unless such care would be nonbeneficial medical treatment. Except as specifically provided in chapters 3 and 4, title 66, Idaho Code, health care services, assisted feeding, or artificial nutrition and hydration, the denial of which is directed by a competent patient in accordance with section 39-4503, Idaho Code, by a patient’s advance care planning document under section 39-4510, Idaho Code, or by a patient’s surrogate decision-maker in accordance with section 39-4504, Idaho Code, shall be withdrawn and denied in accordance with a valid advance care planning document.

(4)  Comfort care. Persons caring for a person for whom artificial life-sustaining treatment or artificially administered nutrition and hydration are withheld or withdrawn shall provide comfort care as defined in section 39-4502, Idaho Code.

(5)  Presumed consent to resuscitation. There is a presumption in favor of consent to cardiopulmonary resuscitation (CPR) unless:

(a)  CPR is contrary to the person’s advance care planning document;

(b)  The person’s surrogate decision-maker has communicated the person’s unconditional wishes not to receive CPR;

(c)  The person’s surrogate decision-maker has communicated the person’s conditional wishes not to receive CPR and those conditions have been met;

(d)  The person has a proper POST identification device pursuant to section 39-4502, Idaho Code; or

(e)  The licensed independent practitioner has executed a DNR order.

(6)  Nonbeneficial medical treatment. Nothing in this chapter shall be construed to require nonbeneficial medical treatment; provided that this subsection does not authorize any violation of subsection (3) of this section.

(7)  Existing advance care planning documents. Any advance care planning document that contained the elements set forth in this chapter at the time of execution shall be deemed to be in compliance with this chapter. This section shall be liberally construed to give the effect to any authentic expression of the person’s prior wishes or directives concerning health care services.

(8)  Insurance.

(a)  The making of an advance care planning document or a DNR order pursuant to this chapter shall not restrict, inhibit, or impair in any manner the sale, procurement, or issuance of any policy of life insurance, nor shall it be deemed to modify the terms of an existing policy of life insurance. No policy of life insurance shall be legally impaired or invalidated in any manner by the withholding or withdrawal of artificial life-sustaining treatment from an insured person, notwithstanding any term of the policy to the contrary.

(b)  No licensed independent practitioner, health care facility, or other health care provider and no health care service plan, insurer issuing disability insurance, self-insured employee plan, welfare benefit plan, or nonprofit hospital service plan shall require any person to execute an advance care planning document or a DNR order as a condition for being insured for, or receiving, health care services.

(9)  Portability and copies.

(a)  A POST form that meets the requirements of section 39-4512A, Idaho Code, shall be transferred with the person to, and be effective in, all care settings including but not limited to home care, ambulance or other transport, hospital, residential care facility, and hospice care. The POST form shall remain in effect until such time as there is a valid revocation or suspension pursuant to section 39-4511A, Idaho Code, or new orders are issued by a licensed independent practitioner.

(b)  A photostatic, facsimile, or electronic copy of a valid POST form may be treated as an original by a licensed independent practitioner or other health care provider.

(10) Registration. An advance care planning document or the revocation or replacement of an advance care planning document meeting the requirements of this chapter may be registered with the department of health and welfare pursuant to section 39-4515, Idaho Code. Failure to register the advance care planning document shall not affect the validity of the advance care planning document.

(11) Rulemaking authority. The department of health and welfare shall adopt those rules and protocols necessary to administer the provisions of this chapter.

History:

[39-4514, added 2005, ch. 120, sec. 2, p. 389; am. 2007, ch. 196, sec. 17, p. 592; am. 2012, ch. 302, sec. 14, p. 836; am. 2012, ch. 305, sec. 3, p. 845; am. 2013, ch. 151, sec. 1, p. 349; am. 2013, ch. 187, sec. 5, p. 450; am. 2017, ch. 273, sec. 4, p. 714; am. 2020, ch. 297, sec. 2, p. 858; am. 2023, ch. 307, sec. 19, p. 932.]