CSHB 197(JUD): "An Act relating to health care decisions, including do not resuscitate orders and the donation of body parts, and to powers of attorney relating to health care, including the donation of body parts; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 197(JUD) 01 "An Act relating to health care decisions, including do not resuscitate orders and the 02 donation of body parts, and to powers of attorney relating to health care, including the 03 donation of body parts; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 PURPOSE. A principal purpose of this Act is to provide a comprehensive coordinated 08 approach to the making of health care decisions, including the donation of body parts. To 09 achieve this purpose, this Act repeals the current statutory devices that cover health care 10 decisions and consolidates the subject into one chapter. 11 * Sec. 2. AS 12.65.100 is amended to read: 12 Sec. 12.65.100. Unclaimed bodies. When a person dies and no person 13 appears to claim the body for burial, and no provision is made for the body under 14 AS 13.52 [AS 13.50], the Department of Health and Social Services, upon
01 notification, shall request a court order authorizing the body to be plainly and decently 02 buried or cremated and the remains decently interred. A judicial officer shall issue the 03 requested order upon the sworn testimony or statement of a representative of the 04 Department of Health and Social Services that a person has not appeared to claim the 05 body for burial and provision is not made for the body under AS 13.52 [AS 13.50]. 06 * Sec. 3. AS 13 is amended by adding a new chapter to read: 07 Chapter 52. Health Care Decisions Act. 08 Sec. 13.52.010. Advance health care directives. (a) An adult or 09 emancipated minor may give an individual instruction. The instruction may be oral or 10 written. The instruction may be limited to take effect only if a specified condition 11 arises. 12 (b) An adult or emancipated minor may execute a power of attorney for health 13 care, which may authorize the agent to make any health care decision the principal 14 could have made while having capacity. The power remains in effect notwithstanding 15 the principal's later incapacity and may include individual instructions. The power 16 must be in writing, contain the date of its execution, be signed by the principal, and be 17 witnessed by one of the following methods: 18 (1) signed by at least two individuals, each of whom witnessed either 19 the signing of the instrument by the principal or the principal's acknowledgment of the 20 signature of the instrument; or 21 (2) acknowledged before a notary public at a place in this state. 22 (c) Unless related to the principal by blood, marriage, or adoption, an agent 23 under a power of attorney for health care may not be an owner, operator, or employee 24 of the health care institution at which the principal is receiving care. 25 (d) A witness for a power of attorney for health care may not be 26 (1) a health care provider; 27 (2) an employee of a health care provider or facility; or 28 (3) the agent. 29 (e) At least one of the individuals used as a witness for a power of attorney for 30 health care shall be someone who is not 31 (1) related to the principal by blood, marriage, or adoption; or
01 (2) entitled to a portion of the estate of the principal upon the 02 principal's death under a will or codicil of the principal existing at the time of 03 execution of the power of attorney for health care or by operation of law then existing. 04 (f) Unless otherwise specified in the power of attorney for health care, the 05 authority of an agent becomes effective only upon a determination that the principal 06 lacks capacity and ceases to be effective upon a determination that the principal has 07 recovered capacity. 08 (g) Unless otherwise specified in a written advance health care directive, a 09 determination that an individual lacks or has recovered capacity, or that another 10 condition exists that affects an individual instruction or the authority of an agent, shall 11 be made by the primary physician. 12 (h) An agent shall make a health care decision in accordance with the 13 principal's individual instructions, if any, and other wishes to the extent known to the 14 agent. Otherwise, the agent shall make the decision in accordance with the agent's 15 determination of the principal's best interest. In determining the principal's best 16 interest, the agent shall consider the principal's personal values to the extent known to 17 the agent. 18 (i) A health care decision made by an agent for a principal is effective without 19 judicial approval. 20 (j) A written advance health care directive may include the individual's 21 nomination of a guardian of the person. 22 (k) An advance health care directive is valid for purposes of this chapter if it 23 complies with this chapter or if it was executed in compliance with the laws of the 24 state where it was executed. 25 Sec. 13.52.020. Revocation of advance health care directive. (a) An 26 individual may revoke the designation of an agent only by a signed writing or by 27 personally informing the supervising health care provider. 28 (b) An individual may revoke all or part of an advance health care directive, 29 other than the designation of an agent, at any time and in any manner that 30 communicates an intent to revoke. 31 (c) A health care provider, agent, guardian, or surrogate who is informed of a
01 revocation shall promptly communicate the fact of the revocation to the supervising 02 health care provider and to any health care institution at which the patient is receiving 03 care. 04 (d) A decree of annulment, divorce, dissolution of marriage, or legal 05 separation revokes a previous designation of a spouse as agent unless otherwise 06 specified in the decree or in a power of attorney for health care. 07 (e) An advance health care directive that conflicts with an earlier advance 08 health care directive revokes the earlier directive to the extent of the conflict. 09 Sec. 13.52.030. Decisions by surrogate. (a) A surrogate may make a health 10 care decision for a patient who is an adult or emancipated minor if the patient has been 11 determined by the primary physician to lack capacity and an agent or guardian has not 12 been appointed or the agent or guardian is not reasonably available. 13 (b) An adult or emancipated minor may designate an individual to act as 14 surrogate by personally informing the supervising health care provider. In the absence 15 of a designation, or if the designee is not reasonably available, a member of the 16 following classes of the patient's family who is reasonably available, in descending 17 order of priority, may act as surrogate: 18 (1) the spouse, unless legally separated; 19 (2) an adult child; 20 (3) a parent; or 21 (4) an adult sibling. 22 (c) If none of the individuals eligible to act as surrogate under (b) of this 23 section is reasonably available, an adult who has exhibited special care and concern 24 for the patient, who is familiar with the patient's personal values, and who is 25 reasonably available may act as surrogate. 26 (d) A surrogate shall communicate the surrogate's assumption of authority as 27 promptly as practicable to the members of the patient's family specified in (b) of this 28 section who can be readily contacted. 29 (e) If more than one member of a class under (b)(2) - (4) of this section 30 assumes authority to act as surrogate, the members of that class do not agree on a 31 health care decision, and the supervising health care provider is informed of the
01 disagreement, the supervising health care provider shall comply with the decision of a 02 majority of the members of that class who have communicated their views to the 03 provider. If the class is evenly divided concerning the health care decision and the 04 supervising health care provider is informed of the even division, that class and all 05 individuals having a lower priority under (b)(2) - (4) of this section are disqualified 06 from making the decision. 07 (f) A surrogate shall make a health care decision in accordance with the 08 patient's individual instructions, if any, and other wishes to the extent known to the 09 surrogate. Otherwise, the surrogate shall make the decision in accordance with the 10 surrogate's determination of the patient's best interest. In determining the patient's best 11 interest, the surrogate shall consider the patient's personal values to the extent known 12 to the surrogate. 13 (g) A health care decision made by a surrogate for a patient is effective 14 without judicial approval. 15 (h) An individual may, at any time, disqualify another person, including a 16 member of the individual's family, from acting as the individual's surrogate by a 17 signed writing or by personally informing the supervising health care provider of the 18 disqualification. 19 (i) Unless related to the patient by blood, marriage, or adoption, a surrogate 20 may not be an owner, operator, or employee of a residential long-term health care 21 institution at which the patient is receiving care. 22 (j) A supervising health care provider may require an individual claiming the 23 right to act as a surrogate for a patient to provide a written declaration under penalty of 24 perjury stating facts and circumstances reasonably sufficient to establish the claimed 25 authority. 26 Sec. 13.52.040. Decisions by guardian. (a) A guardian shall comply with 27 the ward's individual instructions and may not revoke a ward's advance health care 28 directive executed before the ward's incapacity unless expressly authorized by a court. 29 (b) Unless there is a court order to the contrary, a health care decision of an 30 agent takes precedence over that of a guardian. 31 (c) Except as provided in (a) of this section, a health care decision made by a
01 guardian for the ward is effective without judicial approval. 02 Sec. 13.52.050. Obligations of health care provider. (a) Before 03 implementing a health care decision made for a patient, a supervising health care 04 provider, if possible, shall promptly communicate to the patient the decision made and 05 the identity of the person making the decision. 06 (b) A supervising health care provider who knows of the existence of an 07 advance health care directive, a revocation of an advance health care directive, or a 08 designation or disqualification of a surrogate shall promptly record its existence in the 09 patient's health care record, shall request a copy if it is in writing, and shall arrange for 10 its maintenance in the health care record if a copy is furnished. 11 (c) A supervising health care provider who makes or is informed of a 12 determination that a patient lacks or has recovered capacity, or that another condition 13 exists which affects an individual instruction or the authority of an agent, a guardian, 14 or a surrogate, shall promptly record the determination in the patient's health care 15 record and communicate the determination to the patient, if possible, and to any 16 person then authorized to make health care decisions for the patient. 17 (d) Except as provided in (e) and (f) of this section, a health care provider or 18 institution providing care to a patient shall comply with 19 (1) an individual instruction of the patient and with a reasonable 20 interpretation of that instruction made by a person then authorized to make health care 21 decisions for the patient; and 22 (2) a health care decision for the patient made by a person then 23 authorized to make health care decisions for the patient to the same extent as if the 24 decision had been made by the patient while having capacity. 25 (e) A health care provider may decline to comply with an individual 26 instruction or a health care decision for reasons of conscience, except for a do not 27 resuscitate order. A health care institution may decline to comply with an individual 28 instruction or health care decision if the instruction or decision is contrary to a policy 29 of the institution that is expressly based on reasons of conscience and if the policy was 30 timely communicated to the patient or to a person then authorized to make health care 31 decisions for the patient.
01 (f) A health care provider or institution may decline to comply with an 02 individual instruction or a health care decision that requires medically ineffective 03 health care or health care contrary to generally accepted health care standards 04 applicable to the health care provider or institution. 05 (g) A health care provider or institution that declines to comply with an 06 individual instruction or a health care decision shall 07 (1) promptly inform the patient, if possible, and any person then 08 authorized to make health care decisions for the patient that the provider or institution 09 has declined to comply with the instruction or decision; 10 (2) provide continuing care to the patient until a transfer is effected; 11 and 12 (3) unless the patient or person then authorized to make health care 13 decisions for the patient refuses assistance, immediately make all reasonable efforts to 14 assist in the transfer of the patient to another health care provider or institution that is 15 willing to comply with the instruction or decision. 16 (h) A health care provider or institution may not require or prohibit the 17 execution or revocation of an advance health care directive as a condition for 18 providing health care. 19 Sec. 13.52.060. Do not resuscitate protocol and identification 20 requirements. (a) An attending physician may issue a do not resuscitate order for a 21 patient of the physician. The physician shall document the grounds for the order in the 22 patient's medical file. 23 (b) The department shall by regulation adopt a protocol, subject to the 24 approval of the State Medical Board, for do not resuscitate orders that set out a 25 standardized method of procedure for the withholding of cardiopulmonary 26 resuscitation by health care providers and health care institutions. 27 (c) The department shall develop standardized designs and symbols for do not 28 resuscitate identification cards, forms, necklaces, and bracelets that signify, when 29 carried or worn, that the carrier or wearer is an individual for whom a physician has 30 issued a do not resuscitate order. 31 (d) A health care provider other than a physician shall comply with the
01 protocol adopted under (b) of this section for do not resuscitate orders when the health 02 care provider is presented with a do not resuscitate identification, an oral do not 03 resuscitate order issued directly by a physician, or a written do not resuscitate order 04 entered on and as required by a form prescribed by the department. 05 (e) Notwithstanding (d) of this section, if an individual has made a donation of 06 a body part to occur at death and is in a hospital when a do not resuscitate order is to 07 be implemented for the individual, the do not resuscitate order may not be 08 implemented until the donated body part can be evaluated to determine if it is suitable 09 for donation. 10 (f) A physician may not revoke a do not resuscitate order at the request of a 11 person, and a person may not make a do not resuscitate order ineffective, unless the 12 person making the request or proposing to make the order ineffective is the person for 13 whom the order has been issued. However, if the person for whom the order has been 14 issued is not capable of expressing an opinion on the subject, the request or proposal 15 may be made by 16 (1) the parent or guardian of the person for whom the order has been 17 issued if the person for whom the order has been issued is under 18 years of age; or 18 (2) an agent, guardian, or surrogate of the person for whom the order 19 has been issued to whom the person for whom the order has been issued has 20 communicated the decision to make the order ineffective. 21 Sec. 13.52.070. Health care information. Unless otherwise specified in an 22 advance health care directive, a person then authorized to make health care decisions 23 for a patient has the same rights as the patient to request, receive, examine, copy, and 24 consent to the disclosure of medical or other health care information. 25 Sec. 13.52.080. Immunities. (a) A health care provider or institution acting 26 in good faith and in accordance with generally accepted health care standards 27 applicable to the health care provider or institution is not subject to civil or criminal 28 liability or to discipline for unprofessional conduct for 29 (1) complying with a health care decision of a person apparently 30 having authority to make a health care decision for a patient, including a decision to 31 withhold or withdraw health care;
01 (2) declining to comply with a health care decision of a person based 02 on a belief that the person then lacked authority; 03 (3) complying with an advance health care directive and assuming that 04 the directive was valid when made and has not been revoked or terminated; 05 (4) participating in the withholding or withdrawal of cardiopulmonary 06 resuscitation or other life-sustaining procedures under the direction or with the 07 authorization of a physician or upon discovery of do not resuscitate identification upon 08 an individual; or 09 (5) causing or participating in providing cardiopulmonary resuscitation 10 or other life-sustaining procedures 11 (A) under AS 13.52.060(e) when an individual has made a 12 donation of a body part; or 13 (B) because an individual has made a do not resuscitate order 14 ineffective under AS 13.52.060(f) or another provision of this chapter. 15 (b) An individual acting as an agent, a guardian, or a surrogate under this 16 chapter is not subject to civil or criminal liability or to discipline for unprofessional 17 conduct for health care decisions made in good faith. 18 Sec. 13.52.090. Statutory damages. (a) A health care provider or institution 19 that intentionally violates this chapter is liable to the aggrieved individual or the 20 individual's estate for damages of $500 or actual damages resulting from the violation, 21 whichever is greater, plus attorney fees as provided by court rule. 22 (b) A person who intentionally falsifies, forges, conceals, defaces, or 23 obliterates an individual's advance health care directive or a revocation of an advance 24 health care directive without the individual's consent, or who coerces or fraudulently 25 induces an individual to give, revoke, or not to give an advance health care directive, 26 is liable to that individual for damages of $2,500 or actual damages resulting from the 27 action, whichever is greater, plus attorney fees as provided by court rule. 28 Sec. 13.52.100. Capacity. (a) This chapter does not affect the right of an 29 individual to make health care decisions while having capacity to make health care 30 decisions. 31 (b) An individual is rebuttably presumed to have capacity to make a health
01 care decision, to give or revoke an advance health care directive, and to designate or 02 disqualify a surrogate. 03 (c) An individual who is a qualified patient, including an individual for whom 04 a physician has issued a do not resuscitate order, has the right to make a decision 05 regarding the use of cardiopulmonary resuscitation and other life-sustaining 06 procedures as long as the individual is able to make the decision. If an individual who 07 is a qualified patient, including an individual for whom a physician has issued a do not 08 resuscitate order, is not able to make the decision, the protocol adopted under 09 AS 13.52.060 for do not resuscitate orders governs a decision regarding the use of 10 cardiopulmonary resuscitation and other life-sustaining procedures. 11 Sec. 13.52.110. Status of copy. A copy of a written advance health care 12 directive, revocation of an advance health care directive, or designation or 13 disqualification of a surrogate has the same effect as the original. 14 Sec. 13.52.120. Effect of this chapter. (a) This chapter does not create a 15 presumption concerning the intention of an individual who has not made or who has 16 revoked an advance health care directive. 17 (b) Notwithstanding any other provision of law, if the withholding or 18 withdrawal of cardiopulmonary resuscitation or other life-sustaining procedures is 19 consistent with this chapter, death resulting from the withholding or withdrawal of 20 cardiopulmonary resuscitation or other life-sustaining procedures under a do not 21 resuscitate order, under the protocol for do not resuscitate orders established under 22 AS 13.52.060, or under a do not resuscitate identification found on an individual does 23 not, for any purpose, constitute a suicide or homicide. 24 (c) The issuance of a do not resuscitate order under this chapter, the 25 possession of do not resuscitate identification under this chapter, or the making of a 26 health care directive under this chapter does not affect in any manner the sale, 27 procurement, or issuance of a policy of life insurance, and does not modify the terms 28 of an existing policy of life insurance. A policy of life insurance is not legally 29 impaired or invalidated in any manner by the withholding or withdrawal of life- 30 sustaining procedures from an insured individual or the withholding or withdrawal of 31 cardiopulmonary resuscitation from an individual who possesses do not resuscitate
01 identification or for whom a do not resuscitate order has been issued, notwithstanding 02 any term of the policy to the contrary. 03 (d) This chapter does not create a presumption concerning the intention or 04 intended treatment of an individual who does not have do not resuscitate 05 identification, has not executed a health care directive, or for whom a do not 06 resuscitate order has not been issued with respect to the use, withholding, or 07 withdrawal of cardiopulmonary resuscitation or other life-sustaining procedures. 08 (e) This chapter does not increase or decrease the right of an individual to 09 make decisions regarding the use of cardiopulmonary resuscitation or other life- 10 sustaining procedures as long as the individual is able to do so, and does not impair or 11 supersede any right or responsibility that a person has to effect the withholding or 12 withdrawal of medical care in a lawful manner. 13 (f) This chapter does not authorize mercy killing, assisted suicide, euthanasia, 14 or the provision, withholding, or withdrawal of health care, to the extent prohibited by 15 other statutes of this state. 16 (g) This chapter does not authorize or require a health care provider or 17 institution to provide health care contrary to generally accepted health care standards 18 applicable to the health care provider or institution. 19 (h) This chapter does not authorize an agent or a surrogate to consent to the 20 admission of an individual to a mental health facility unless the individual's written 21 advance health care directive expressly so provides. 22 (i) This chapter does not affect other statutes of this state governing treatment 23 for mental illness of an individual involuntarily committed to a mental health facility. 24 (j) In this section, "mental health facility" has the meaning given to 25 "designated treatment facility" in AS 47.30.915. 26 Sec. 13.52.125. Prohibited requirements. As a condition of receiving or 27 being insured for health care services, a health care provider, a health care institution, 28 a health care service plan, an insurer issuing health insurance, a self-insured employee 29 welfare benefit plan, or a nonprofit hospital plan may not require an individual to 30 execute a health care directive, obtain a do not resuscitate order from a physician, or 31 possess do not resuscitate identification.
01 Sec. 13.52.130. Judicial relief. On petition of a patient, the patient's agent, 02 guardian, or surrogate, or a health care provider or institution involved with the 03 patient's care, the superior court may enjoin or direct a health care decision or order 04 other equitable relief. A proceeding under this section is governed by AS 13.26.165 - 05 13.26.320. 06 Sec. 13.52.140. Uniformity of application and construction. This chapter 07 shall be applied and construed to carry out its general purpose to make uniform the 08 law with respect to the subject of this chapter among states enacting it. 09 Sec. 13.52.145. Do not resuscitate orders and identification of other 10 jurisdictions. A do not resuscitate order or a do not resuscitate identification 11 executed, issued, or authorized in another state or a territory or possession of the 12 United States in compliance with the law of that jurisdiction is effective for the 13 purposes of this chapter. 14 Sec. 13.52.150. Optional form. The following sample form may be used to 15 create an advance health care directive. The other sections of this chapter govern the 16 effect of this or any other writing used to create an advance health care directive. This 17 form may be duplicated. This form may be modified to suit the needs of the person, or 18 a completely different form may be used that contains the substance of the following 19 form or otherwise complies with this chapter: 20 ADVANCE HEALTH CARE DIRECTIVE 21 Explanation 22 You have the right to give instructions about your own health 23 care. You also have the right to name someone else to make health 24 care decisions for you. This form lets you do either or both of these 25 things. It also lets you express your wishes regarding the designation 26 of your health care provider. If you use this form, you may complete or 27 modify all or any part of it. You are free to use a different form if the 28 form contains the substance of this form or otherwise complies with the 29 requirements of AS 13.52. 30 Part 1 of this form is a power of attorney for health care. Part 1 31 lets you name another individual as an agent to make health care
01 decisions for you if you become incapable of making your own 02 decisions or if you want someone else to make those decisions for you 03 now even though you are still capable. You may name an alternate 04 agent to act for you if your first choice is not willing, able, or 05 reasonably available to make decisions for you. Unless related to you, 06 your agent may not be an owner, operator, or employee of a health care 07 institution where you are receiving care. 08 Unless the form you sign limits the authority of your agent, 09 your agent may make all health care decisions for you. This form has a 10 place for you to limit the authority of your agent. You do not have to 11 limit the authority of your agent if you wish to rely on your agent for all 12 health care decisions that may have to be made. If you choose not to 13 limit the authority of your agent, your agent will have the right to 14 (a) consent or refuse consent to any care, treatment, service, or 15 procedure to maintain, diagnose, or otherwise affect a physical or 16 mental condition; 17 (b) select or discharge health care providers and institutions; 18 (c) approve or disapprove diagnostic tests, surgical procedures, 19 programs of medication, and do not resuscitate orders; and 20 (d) direct the provision, withholding, or withdrawal of artificial 21 nutrition and hydration and all other forms of health care; and 22 (e) donate your body parts at your death. 23 Part 2 of this form lets you give specific instructions about any 24 aspect of your health care. Choices are provided for you to express 25 your wishes regarding the provision, withholding, or withdrawal of 26 treatment to keep you alive, including the provision of artificial 27 nutrition and hydration, as well as the provision of pain relief 28 medication. Space is provided for you to add to the choices you have 29 made or for you to write out any additional wishes. 30 Part 3 of this form lets you express an intention to donate your 31 body parts following your death.
01 Part 4 of this form lets you designate a physician to have 02 primary responsibility for your health care. 03 After completing this form, sign and date the form at the end 04 and have the form witnessed by one of the two alternative methods 05 listed below. Give a copy of the signed and completed form to your 06 physician, to any other health care providers you may have, to any 07 health care institution at which you are receiving care, and to any health 08 care agents you have named. You should talk to the person you have 09 named as your agent to make sure that the person understands your 10 wishes and is willing to take the responsibility. 11 You have the right to revoke this advance health care directive 12 or replace this form at any time. 13 PART 1 14 DURABLE POWER OF ATTORNEY FOR HEALTH CARE DECISIONS 15 (1) DESIGNATION OF AGENT: I designate the 16 following individual as my agent to make health care decisions for me: 17 ________________________________________________________ 18 (name of individual you choose as agent) 19 ________________________________________________________ 20 (address) (city) (state) (zip code) 21 ________________________________________________________ 22 (home phone) (work phone) 23 OPTIONAL: If I revoke my agent's authority or if my agent is 24 not willing, able, or reasonably available to make a health care decision 25 for me, I designate as my first alternate agent 26 _______________________________________________________ 27 (name of individual you choose as first alternate agent) 28 ________________________________________________________ 29 (address) (city) (state) (zip code) 30 ________________________________________________________ 31 (home phone) (work phone)
01 OPTIONAL: If I revoke the authority of my agent and first 02 alternate agent or if neither is willing, able, or reasonably available to 03 make a health care decision for me, I designate as my second alternate 04 agent 05 _______________________________________________________ 06 (name of individual you choose as second alternate agent) 07 ________________________________________________________ 08 (address) (city) (state) (zip code) 09 ________________________________________________________ 10 (home phone) (work phone) 11 (2) AGENT'S AUTHORITY: My agent is authorized to 12 make all health care decisions for me, including decisions to provide, 13 withhold, or withdraw artificial nutrition and hydration, and all other 14 forms of health care to keep me alive, except as I state here: 15 _________________________________________________________ 16 _________________________________________________________ 17 _________________________________________________________ 18 (Add additional sheets if needed.) 19 (3) WHEN AGENT'S AUTHORITY BECOMES 20 EFFECTIVE: My agent's authority becomes effective when my 21 primary physician determines that I am unable to make my own health 22 care decisions unless I mark the following box. If I mark this box [ ], 23 my agent's authority to make health care decisions for me takes effect 24 immediately. 25 (4) AGENT'S OBLIGATION: My agent shall make 26 health care decisions for me in accordance with this power of attorney 27 for health care, any instructions I give in Part 2 of this form, and my 28 other wishes to the extent known to my agent. To the extent my wishes 29 are unknown, my agent shall make health care decisions for me in 30 accordance with what my agent determines to be in my best interest. In 31 determining my best interest, my agent shall consider my personal
01 values to the extent known to my agent. 02 (5) NOMINATION OF GUARDIAN: If a guardian of 03 my person needs to be appointed for me by a court, I nominate the 04 agent designated in this form. If that agent is not willing, able, or 05 reasonably available to act as guardian, I nominate the alternate agents 06 whom I have named under (1) above, in the order designated. 07 PART 2 08 INSTRUCTIONS FOR HEALTH CARE 09 If you are satisfied to allow your agent to determine what is best 10 for you in making end-of-life decisions, you do not need to fill out this 11 part of the form. If you do fill out this part of the form, you may strike 12 any wording you do not want. There is a state protocol that governs the 13 use of do not resuscitate orders by physicians and other health care 14 providers. You may obtain a copy of the protocol from the state 15 Department of Health and Social Services. 16 (6) END-OF-LIFE DECISIONS: I direct that my health 17 care providers and others involved in my care provide, withhold, or 18 withdraw treatment in accordance with the choice I have marked 19 below: (Check only one box.) 20 [ ] (A) Choice To Prolong Life 21 I want my life to be prolonged as long as 22 possible within the limits of generally accepted health care 23 standards; OR 24 [ ] (B) Choice Not To Prolong Life 25 I do not want my life to be prolonged if (i) I have 26 an incurable and irreversible condition that will result in my 27 death within a relatively short time; (ii) I become unconscious 28 and, to a reasonable degree of medical certainty, I will not 29 regain consciousness; or (iii) the likely risks and burdens of 30 treatment would outweigh the expected benefits. 31 (7) ARTIFICIAL NUTRITION AND HYDRATION:
01 Artificial nutrition and hydration must be provided, withheld, or 02 withdrawn in accordance with the choice I have made in paragraph (6) 03 unless I mark the following box. If I mark this box [ ], artificial 04 nutrition and hydration must be provided regardless of my condition 05 and regardless of the choice I have made in paragraph (6). 06 (8) RELIEF FROM PAIN: If I mark this box [ ], I 07 direct that treatment to alleviate pain or discomfort should be provided 08 to me even if it hastens my death. 09 (9) OTHER WISHES: (If you do not agree with any of 10 the optional choices above and wish to write your own, or if you wish 11 to add to the instructions you have given above, you may do so here.) I 12 direct that 13 _________________________________________________________ 14 _________________________________________________________ 15 (Add additional sheets if needed.) 16 PART 3 17 DONATION OF BODY PARTS AT DEATH 18 (OPTIONAL) 19 If you are satisfied to allow your agent to determine whether to 20 donate your body parts at your death, you do not need to fill out this 21 part of the form. 22 (10) Upon my death: (mark applicable box) 23 [ ] (A) I give any needed organs, tissues, or 24 other body parts, OR 25 [ ] (B) I give the following organs, tissues, or 26 other body parts only 27 _____________________________________________ 28 [ ] (C) My gift is for the following purposes 29 (strike any of the following you do not want): 30 (i) transplant; 31 (ii) therapy;
01 (iii) research; 02 (iv) education; 03 PART 4 04 PRIMARY PHYSICIAN 05 (OPTIONAL) 06 (11) I designate the following physician as my primary 07 physician: 08 _________________________________________________________ 09 (name of physician) 10 _________________________________________________________ 11 (address) (city) (state) (zip code) 12 _________________________________________________________ 13 (phone) 14 OPTIONAL: If the physician I have designated above is 15 not willing, able, or reasonably available to act as my primary 16 physician, I designate the following physician as my primary physician: 17 _________________________________________________________ 18 (name of physician) 19 _________________________________________________________ 20 (address) (city) (state) (zip code) 21 _________________________________________________________ 22 (phone) 23 (12) EFFECT OF COPY: A copy of this form has the 24 same effect as the original. 25 (13) SIGNATURES: Sign and date the form here: 26 _______________________________________________________ 27 (date)(sign your name) 28 _______________________________________________________ 29 (address)(print your name) 30 ____________________________ 31 (city) (state)
01 (14) WITNESSES: This power of attorney will not be 02 valid for making health care decisions unless it is 03 (A) signed by two qualified adult witnesses who 04 are personally known to you and who are present when you sign 05 or acknowledge your signature; or 06 (B) acknowledged before a notary public in the 07 state. 08 ALTERNATIVE NO. 1 09 Witness 10 I swear under penalty of perjury under AS 11.56.200 that the 11 principal is personally known to me, that the principal signed or 12 acknowledged this power of attorney in my presence, that the principal 13 appears to be of sound mind and under no duress, fraud, or undue 14 influence, that I am not the person appointed as agent by this document, 15 and that I am not a health care provider or an employee of a health care 16 provider or facility. I am not related to the principal by blood, 17 marriage, or adoption, and, to the best of my knowledge, I am not 18 entitled to any part of the estate of the principal upon the death of the 19 principal under a will now existing or by operation of law. 20 _______________________________________________________ 21 (date)(signature of witness) 22 _______________________________________________________ 23 (address)(printed name of witness) 24 ____________________________ 25 (city) (state) 26 Witness 27 I swear under penalty of perjury under AS 11.56.200 that the 28 principal is personally known to me, that the principal signed or 29 acknowledged this power of attorney in my presence, that the principal 30 appears to be of sound mind and under no duress, fraud, or undue 31 influence, that I am not the person appointed as agent by this document,
01 and that I am not a health care provider, or an employee of a health care 02 provider or facility. I am not related to the principal by blood, 03 marriage, or adoption, and, to the best of my knowledge, I am not 04 entitled to any part of the estate of the principal upon the death of the 05 principal under a will now existing or by operation of law. 06 _______________________________________________________ 07 (date)(signature of witness) 08 _______________________________________________________ 09 (address)(printed name of witness) 10 ____________________________ 11 (city) (state) 12 ALTERNATIVE NO. 2 13 State of Alaska 14 ________________ Judicial District 15 On this ____ day of ___________________, in the year 16 ______________, before me, _______________________________ 17 (insert name of notary public) appeared 18 _______________________________, personally known to me (or 19 proved to me on the basis of satisfactory evidence) to be the person 20 whose name is subscribed to this instrument, and acknowledged that 21 the person executed it. 22 Notary Seal 23 _____________________ 24 (Signature of Notary Public) 25 Sec. 13.52.190. Definitions. In this chapter, unless the context otherwise 26 requires, 27 (1) "advance health care directive" means an individual instruction or a 28 power of attorney for health care; 29 (2) "agent" means an individual designated in a power of attorney for 30 health care to make a health care decision for the individual granting the power; 31 (3) "best interest" means that the benefits to the individual resulting
01 from a treatment outweigh the burdens to the individual resulting from that treatment 02 and includes 03 (A) the effect of the treatment on the physical, emotional, and 04 cognitive functions of the patient; 05 (B) the degree of physical pain or discomfort caused to the 06 individual by the treatment or the withholding or withdrawal of the treatment; 07 (C) the degree to which the individual's medical condition, the 08 treatment, or the withholding or withdrawal of treatment, results in a severe 09 and continuing impairment; 10 (D) the effect of the treatment on the life expectancy of the 11 patient; 12 (E) the prognosis of the patient for recovery, with and without 13 the treatment; 14 (F) the risks, side effects, and benefits of the treatment or the 15 withholding of treatment; and 16 (G) the religious beliefs and basic values of the individual 17 receiving treatment, to the extent that these may assist in determining benefits 18 and burdens; 19 (4) "capacity" means an individual's ability to understand the 20 significant benefits, risks, and alternatives to proposed health care and to make and 21 communicate a health care decision; 22 (5) "cardiopulmonary resuscitation" means cardiopulmonary 23 resuscitation or a component of cardiopulmonary resuscitation; 24 (6) "department" means the Department of Health and Social Services; 25 (7) "do not resuscitate identification" means an identification card, 26 form, necklace, or bracelet that carries the standardized design or symbol developed 27 by the department under AS 13.52.060 to signify, when carried or worn, that the 28 carrier or wearer is an individual for whom a physician has issued a do not resuscitate 29 order; 30 (8) "do not resuscitate order" means a directive from a licensed 31 physician that emergency cardiopulmonary resuscitation should not be administered to
01 a qualified patient; 02 (9) "emancipated minor" means a minor whose disabilities have been 03 removed under AS 09.55.590 or who has arrived at the age of majority as determined 04 under AS 25.20.020; 05 (10) "generally accepted health care standards" includes the protocol 06 for do not resuscitate orders that is adopted under AS 13.52.060; 07 (11) "guardian" means a judicially appointed guardian or conservator 08 having authority to make a health care decision for an individual; 09 (12) "health care" means any care, treatment, service, or procedure to 10 maintain, diagnose, or otherwise affect an individual's physical or mental condition, 11 including 12 (A) selection and discharge of health care providers and 13 institutions; 14 (B) approval or disapproval of diagnostic tests, surgical 15 procedures, programs of medication, and do not resuscitate orders; 16 (C) direction to provide, withhold, or withdraw artificial 17 nutrition and hydration if withholding or withdrawing artificial nutrition or 18 hydration is in accord with generally accepted health care standards applicable 19 to health care providers or institutions; and 20 (D) donation of body parts at death. 21 (13) "health care decision" means a decision made by an individual or 22 the individual's agent, guardian, or surrogate regarding the individual's health care; 23 (14) "health care institution" means an institution, facility, or agency 24 licensed, certified, or otherwise authorized or permitted by law to provide health care 25 in the ordinary course of business; 26 (15) "health care provider" means an individual licensed, certified, or 27 otherwise authorized or permitted by law to provide health care in the ordinary course 28 of business or practice of a profession; 29 (16) "individual instruction" means an individual's direction 30 concerning a health care decision for the individual; 31 (17) "life-sustaining procedures" means medical procedures or
01 interventions that, when administered to a qualified patient, will serve only to prolong 02 the dying process; 03 (18) "person" means an individual, corporation, business trust, estate, 04 trust, partnership, association, joint venture, government, governmental subdivision, 05 agency, instrumentality, or another legal or commercial entity; 06 (19) "physician" means an individual authorized to practice medicine 07 or osteopathy under AS 08.64; 08 (20) "power of attorney for health care" means the designation of an 09 agent to make health care decisions for the individual granting the power; 10 (21) "primary physician" means a physician designated by an 11 individual, or by the individual's agent, guardian, or surrogate, to have primary 12 responsibility for the individual's health care or, in the absence of a designation or if 13 the designated physician is not reasonably available, a physician who undertakes the 14 responsibility; 15 (22) "qualified patient" means a patient who has been determined by 16 the attending physician to be in a terminal condition; in this paragraph, "terminal 17 condition" means a progressive incurable or irreversible condition that, without the 18 administration of life-sustaining procedures, will, in the opinion of two physicians, 19 when available, who have personally examined the patient, one of whom must be the 20 attending physician, result in death within a relatively short time; 21 (23) "reasonably available" means able to be contacted with a level of 22 diligence appropriate to the seriousness and urgency of a patient's health care needs, 23 and willing and able to act in a timely manner considering the urgency of the patient's 24 health care needs; 25 (24) "state" means a state of the United States, the District of 26 Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession 27 subject to the jurisdiction of the United States; 28 (25) "supervising health care provider" means the primary physician or 29 the physician's designee, or the health care provider or the provider's designee who has 30 undertaken primary responsibility for an individual's health care; 31 (26) "surrogate" means an individual, other than a patient's agent or
01 guardian, authorized under this chapter to make a health care decision for the patient. 02 Sec. 13.52.195. Short title. This chapter may be cited as the Health Care 03 Decisions Act. 04 * Sec. 4. AS 18.65.311 is amended to read: 05 Sec. 18.65.311. Donation of body parts [ANATOMICAL GIFT OR 06 LIVING WILL DOCUMENT]. (a) The department shall provide, at the time that 07 an identification card is issued, a form for a document by which the card holder may 08 make a donation of body parts [AN ANATOMICAL GIFT] under AS 13.52 09 [AS 13.50 (UNIFORM ANATOMICAL GIFTS ACT) OR A LIVING WILL UNDER 10 AS 18.12 (LIVING WILLS AND DO NOT RESUSCITATE ORDERS)]. The 11 document (1) may not be larger than an identification card, (2) must contain sufficient 12 space for the signature of two witnesses [OR A PERSON WHO IS QUALIFIED TO 13 TAKE ACKNOWLEDGMENTS UNDER AS 09.63.010], and (3) [MUST USE THE 14 FORMS AND DESIGNS DEVELOPED UNDER AS 18.12.037, AND (4)] must 15 provide a means by which the card holder may cancel the gift [OR THE LIVING 16 WILL]. If the document is executed by the applicant, it shall be sealed in plastic and 17 attached to the identification card. [A SYMBOL DEVELOPED UNDER 18 AS 18.12.037 INDICATING THE EXISTENCE OF THE ANATOMICAL GIFT OR 19 LIVING WILL DOCUMENT MUST BE DISPLAYED IN THE LOWER RIGHT- 20 HAND CORNER ON THE FACE OF THE IDENTIFICATION CARD.] 21 (b) An employee of the department who processes an identification card 22 application, other than an application received by mail, shall ask the applicant orally 23 whether the applicant wishes to execute a donation of body parts [AN 24 ANATOMICAL GIFT OR A LIVING WILL]. The department shall, by placement of 25 posters and brochures in the office where the application is taken, and by oral advice, 26 if requested, make known to the applicant the procedure necessary to execute a 27 donation of body parts [GIFT] under AS 13.52 [AS 13.50 OR A LIVING WILL 28 UNDER AS 18.12]. 29 * Sec. 5. AS 28.10.021(c) is amended to read: 30 (c) An employee of the department who processes an application for 31 registration or renewal of registration, other than an application received by mail or an
01 application for registration under AS 28.10.152, shall ask the applicant orally whether 02 the applicant wishes to execute a donation of body parts [AN ANATOMICAL GIFT 03 OR A LIVING WILL]. The department shall make known to all applicants the 04 procedure for executing a donation of body parts [GIFT] under AS 13.52 (Health 05 Care Decisions Act) [AS 13.50 (UNIFORM ANATOMICAL GIFTS ACT) OR A 06 LIVING WILL UNDER AS 18.12 (LIVING WILLS AND DO NOT RESUSCITATE 07 ORDERS)] by displaying posters in the offices in which applications are taken, by 08 providing a brochure or other written information to each person who applies in 09 person or by mail, and, if requested, by providing oral advice. 10 * Sec. 6. AS 28.15.061(d) is amended to read: 11 (d) An employee of the department who processes a driver's license 12 application, other than an application received by mail, shall ask the applicant orally 13 whether the applicant wishes to execute a donation of body parts [AN 14 ANATOMICAL GIFT OR A LIVING WILL]. The department shall make known to 15 all applicants the procedure for executing a donation of body parts [GIFT] under 16 AS 13.52 (Health Care Decisions Act) [AS 13.50 (UNIFORM ANATOMICAL 17 GIFTS ACT) OR A LIVING WILL UNDER AS 18.12 (LIVING WILLS AND DO 18 NOT RESUSCITATE ORDERS)] by displaying posters in the offices in which 19 applications are taken, by providing a brochure or other written information to each 20 person who applies in person or by mail, and, if requested, by providing oral advice. 21 * Sec. 7. AS 28.15.111(b) is amended to read: 22 (b) The department shall provide, at the time that an operator's license is 23 issued, a form for a document by which the owner of a license may make a donation 24 of body parts [AN ANATOMICAL GIFT] under AS 13.52 [AS 13.50 OR A LIVING 25 WILL UNDER AS 18.12]. The document (1) may not be larger than an operator's 26 license, (2) must contain sufficient space for the signature of two witnesses [OR A 27 PERSON WHO IS QUALIFIED TO TAKE ACKNOWLEDGMENTS UNDER 28 AS 09.63.010], and (3) [MUST USE THE FORMS AND DESIGNS DEVELOPED 29 UNDER AS 18.12.037, AND (4)] must provide a means by which the owner may 30 cancel the donation [GIFT OR THE LIVING WILL]. If the document is executed by 31 the applicant, it shall be sealed in plastic and attached to the license. [A SYMBOL
01 DEVELOPED UNDER AS 18.12.037 INDICATING THE EXISTENCE OF THE 02 ANATOMICAL GIFT OR LIVING WILL DOCUMENT MUST BE DISPLAYED 03 IN THE LOWER RIGHT-HAND CORNER ON THE FACE OF THE DRIVER'S 04 LICENSE.] 05 * Sec. 8. AS 47.30.825(b) is amended to read: 06 (b) The patient and the following persons, at the request of the patient, are 07 entitled to participate in formulating the patient's individualized treatment plan and to 08 participate in the evaluation process as much as possible, at minimum to the extent of 09 requesting specific forms of therapy, inquiring why specific therapies are or are not 10 included in the treatment program, and being informed as to the patient's present 11 medical and psychological condition and prognosis: (1) the patient's counsel, (2) the 12 patient's guardian, (3) a mental health professional previously engaged in the patient's 13 care outside of the evaluation facility or designated treatment facility, (4) a 14 representative of the patient's choice, (5) a person designated as the patient's agent or 15 surrogate [ATTORNEY-IN-FACT] with regard to mental health treatment decisions 16 under AS 13.52 [AS 13.26.332 - 13.26.358, AS 47.30.950 - 47.30.980, OR OTHER 17 POWER-OF-ATTORNEY], and (6) the adult designated under AS 47.30.725. The 18 mental health care professionals may not withhold any of the information described in 19 this subsection from the patient or from others if the patient has signed a waiver of 20 confidentiality or has designated the person who would receive the information as an 21 agent or surrogate under AS 13.52 [ATTORNEY-IN-FACT] with regard to mental 22 health treatment. 23 * Sec. 9. AS 47.30.825(f) is amended to read: 24 (f) A patient capable of giving informed consent has the absolute right to 25 accept or refuse electroconvulsive therapy or aversive conditioning. A patient who 26 lacks substantial capacity to make this decision may not be given this therapy or 27 conditioning without a court order unless the patient expressly authorized that 28 particular form of treatment in an advance health care directive [A 29 DECLARATION] properly executed under AS 13.52 [AS 47.30.950 - 47.30.980] or 30 has authorized an agent or surrogate under AS 13.52 [ATTORNEY-IN-FACT] to 31 make this decision and the agent or surrogate [ATTORNEY-IN-FACT] consents to
01 the treatment on behalf of the patient. 02 * Sec. 10. AS 47.30.836 is amended to read: 03 Sec. 47.30.836. Psychotropic medication in nonemergencies. An evaluation 04 facility or designated treatment facility may not administer psychotropic medication to 05 a patient in a situation that does not involve a crisis under AS 47.30.838(a)(1) unless 06 the patient 07 (1) has the capacity to give informed consent to the medication, as 08 described in AS 47.30.837, and gives that consent; the facility shall document the 09 consent in the patient's medical chart; 10 (2) authorized the use of psychotropic medication in an advance 11 health care directive [A DECLARATION] properly executed under AS 13.52 12 [AS 47.30.950 - 47.30.980] or authorized an agent or surrogate under AS 13.52 13 [ATTORNEY-IN-FACT] to consent to the use of psychotropic medication for the 14 patient and the agent or surrogate [ATTORNEY-IN-FACT] does consent; or 15 (3) is determined by a court to lack the capacity to give informed 16 consent to the medication and the court approves use of the medication under 17 AS 47.30.839. 18 * Sec. 11. AS 47.30.838(d) is amended to read: 19 (d) An evaluation facility or designated treatment facility may administer 20 psychotropic medication to a patient without the patient's informed consent if the 21 patient is unable to give informed consent but has authorized the use of psychotropic 22 medication in an advance health care directive [A DECLARATION] properly 23 executed under AS 13.52 [AS 47.30.950 - 47.30.980] or has authorized an agent or 24 surrogate under AS 13.52 [ATTORNEY-IN-FACT] to consent to this form of 25 treatment for the patient and the agent or surrogate [ATTORNEY-IN-FACT] does 26 consent. 27 * Sec. 12. AS 47.30.839(d) is amended to read: 28 (d) Upon the filing of a petition under (b) of this section, the court shall direct 29 the office of public advocacy to provide a visitor to assist the court in investigating the 30 issue of whether the patient has the capacity to give or withhold informed consent to 31 the administration of psychotropic medication. The visitor shall gather pertinent
01 information and present it to the court in written or oral form at the hearing. The 02 information must include documentation of the following: 03 (1) the patient's responses to a capacity assessment instrument 04 administered at the request of the visitor; 05 (2) any expressed wishes of the patient regarding medication, 06 including wishes that may have been expressed in a power of attorney, a living will, 07 an advance health care directive under AS 13.52, or oral statements of the patient, 08 including conversations with relatives and friends that are significant persons in the 09 patient's life as those conversations are remembered by the relatives and friends; oral 10 statements of the patient should be accompanied by a description of the circumstances 11 under which the patient made the statements, when possible. 12 * Sec. 13. AS 47.33.070(a) is amended to read: 13 (a) An assisted living home shall maintain, for each resident of the home, a 14 file that includes 15 (1) the name and birth date, and, if provided by the resident, the social 16 security number of the resident; 17 (2) the name, address, and telephone number of the resident's closest 18 relative, service coordinator, if any, and representative, if any; 19 (3) a statement of what actions, if any, the resident's representative is 20 authorized to take on the resident's behalf; 21 (4) a copy of the resident's assisted living plan; 22 (5) a copy of the residential services contract between the home and 23 the resident; 24 (6) a notice, as required under AS 47.33.030, regarding the depository 25 in which the resident's advance payment money is being held; 26 (7) written acknowledgment [ACKNOWLEDGEMENT] by the 27 resident or the resident's representative that the resident has received a copy of and has 28 read, or has been read the 29 (A) resident's rights under AS 47.33.300; 30 (B) resident's right to pursue a grievance under AS 47.33.340; 31 (C) resident's right to protection from retaliation under
01 AS 47.33.350; 02 (D) provisions of AS 47.33.510, regarding immunity; and 03 (E) home's house rules; 04 (8) an acknowledgment [ACKNOWLEDGEMENT] and agreement 05 relating to home safekeeping and management of the resident's money, as required by 06 AS 47.33.040; 07 (9) a copy of the resident's living will, if any, or an advance health 08 care directive made under AS 13.52, if any; and 09 (10) a copy of a power of attorney or other written designation, 10 including an advance health care directive made under AS 13.52, of an agent, 11 representative, or surrogate by the resident. 12 * Sec. 14. AS 13.26.332(L), 13.26.335(1), 13.26.344(l); AS 13.50.010, 13.50.014, 13 13.50.016, 13.50.020, 13.50.030, 13.50.040, 13.50.050, 13.50.060, 13.50.065, 13.50.068, 14 13.50.070, 13.50.080, 13.50.090; AS 18.12.010, 18.12.020, 18.12.030, 18.12.035, 18.12.037, 15 18.12.040, 18.12.050, 18.12.060, 18.12.070, 18.12.080, 18.12.090, 18.12.100; AS 47.30.950, 16 47.30.952, 47.30.954, 47.30.956, 47.30.958, 47.30.960, 47.30.962, 47.30.964, 47.30.966, 17 47.30.968, 47.30.970, 47.30.972, and 47.30.980 are repealed. 18 * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 CONTINUING EFFECT OF EXISTING DOCUMENTS. (a) A donation of body 21 parts made under AS 13.50 or AS 18.12, repealed by sec. 14 of this Act, before the effective 22 date of secs. 1 - 14 of this Act continues in effect under AS 13.50 or AS 18.12, as those 23 chapters exist before the effective date of secs. 1 - 14 of this Act, until the donation is 24 revoked. 25 (b) A power of attorney that is made under AS 13.26.332(L), 13.26.335(1), or 26 13.26.344(l), repealed by sec. 14 of this Act, before the effective date of secs. 1 - 14 of this 27 Act and that contains authority for health care services under AS 13.26.332(L), 28 AS 13.26.335(1), or 13.26.344(l), repealed by sec. 14 of this Act, continues in effect under 29 AS 13.26.332(L), 13.26.335(1), and 13.26.344(l), as those provisions exist before the 30 effective date of secs. 1 - 14 of this Act, until the power of attorney is revoked. 31 (c) A declaration made under AS 18.12, repealed by sec. 14 of this Act, before the
01 effective date of secs. 1 - 14 of this Act continues in effect under AS 18.12, as that chapter 02 exists before the effective date of secs. 1 - 14 of this Act, until the declaration is revoked. 03 (d) A declaration made under AS 47.30.950 - 47.30.980, repealed by sec. 14 of this 04 Act, before the effective date of secs. 1 - 14 of this Act continues in effect under 05 AS 47.30.950 - 47.30.980, as those sections exist before the effective date of secs. 1 - 14 of 06 this Act, until the declaration is revoked. 07 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 EFFECT ON EXISTING INSURANCE POLICIES AND ANNUITIES. 10 AS 13.52.120(c), added by sec. 3 of this Act, does not apply to a policy of insurance or an 11 annuity that was entered into before the effective date of secs. 1 - 14 of this Act. 12 * Sec. 17. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 TRANSITION: REGULATIONS. The Department of Health and Social Services 15 may proceed to adopt regulations necessary to implement the changes made by secs. 1 - 14 of 16 this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 17 before January 1, 2003. 18 * Sec. 18. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 CONTINUING EFFECT OF CURRENT REGULATIONS. (a) The regulations 21 found at 7 AAC 16, as modified by (b) of this section, continue in effect on and after 22 January 1, 2003, until the Department of Health and Social Services adopts the regulations 23 authorized under sec. 17 of this Act. 24 (b) The regulations attorney in the Department of Law shall 25 (1) in 7 AAC 16.010(a), replace the reference to "AS 18.12.035(b)" with 26 "AS 13.52.060(b)"; 27 (2) in 7 AAC 16.010(d)(4), replace the reference to "AS 18.12.090" with 28 "AS 13.52.145"; 29 (3) in 7 AAC 16.010(f), replace the reference to "AS 18.12" with "AS 13.52"; 30 (4) in 7 AAC 16.090(1), replace the reference to "AS 18.12.100" with 31 "AS 13.52.190";
01 (5) in 7 AAC 16.090(3), replace ""do-not-resuscitate order" in AS 18.12.100" 02 with ""do not resuscitate order" in AS 18.12.190." 03 * Sec. 19. Section 17 of this Act takes effect immediately under AS 01.10.070(c). 04 * Sec. 20. Except as provided in sec. 19 of this Act, this Act takes effect January 1, 2003.