13.0805 Procedure for living will.

Cite as [A.S.C.A. § 13.0805]

(a) If a person has made a living will expressing his or her desires concerning life-prolonging procedures, but has not appointed a representative pursuant to this part I, the attending physician may proceed as directed by the principal in the living will. In the event of a dispute or disagreement concerning the attending physician’s decision to withhold or withdraw life-prolonging procedures, the attending physician shall not withhold or withdraw life-prolonging procedures for 7 calendar days, during which time the party disputing the attending physician’s decision may seek review in the High Court. If a review of a disputed decision is not sought within 7 calendar days following the attending physician’s decision to withhold or withdraw life-prolonging procedures, the attending physician may proceed in accordance with the principal’s instructions.

(b) Before proceeding in accordance with the principal’s living will, it must be determined that:

(1) The principal does not have a reasonable medical probability of recovering capacity so that the right could be exercised by the principal;

(2) The principal has a terminal condition, has an end-stage condition, or is in a persistent vegetative state; and

(3) Any limitations or conditions expressed orally or in a written declaration have been considered carefully and have been satisfied.

History: 2008, PL 30-33.