HB 309: "An Act relating to health care decisions, including do not resuscitate orders."
00 HOUSE BILL NO. 309 01 "An Act relating to health care decisions, including do not resuscitate orders." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 13.52.045 is amended by adding a new subsection to read: 04 (b) A health care institution or health care facility may not interpret the 05 issuance of a do not resuscitate order for a patient as preventing the health care 06 institution or health care facility from providing life-sustaining procedures to the 07 patient. 08 * Sec. 2. AS 13.52.060(e) is amended to read: 09 (e) A health care provider may decline to comply with an individual 10 instruction or a health care decision for reasons of conscience, except that a health 11 care provider may not decline to comply with [FOR] a do not resuscitate order that 12 is consistent with this chapter for reasons of conscience. A health care institution or 13 health care facility may decline to comply with an individual instruction or health care 14 decision if the instruction or decision is contrary to a policy of the institution or 15 facility that is expressly based on reasons of conscience and if the policy was timely
01 communicated to the patient or to a person then authorized to make health care 02 decisions for the patient. Notwithstanding the other provisions of this subsection, 03 this subsection does not allow a health care provider, health care institution, or 04 health care facility to decline to comply with an individual instruction or a health 05 care decision that requests that cardiopulmonary resuscitation or other 06 resuscitative measures be provided. 07 * Sec. 3. AS 13.52.060(f) is amended to read: 08 (f) A health care provider, health care institution, or health care facility may 09 decline to comply with an individual instruction or a health care decision that requires 10 medically ineffective health care or health care contrary to generally accepted health 11 care standards applicable to the provider, institution, or facility, except that this 12 subsection does not allow a health care provider, health care institution, or health 13 care facility to decline to comply with an individual instruction or a health care 14 decision that requests that cardiopulmonary resuscitation or other resuscitative 15 measures be provided. In this subsection, "medically ineffective health care" means 16 health care that according to reasonable medical judgment cannot cure the patient's 17 illness, cannot diminish its progressive course, and cannot effectively alleviate severe 18 discomfort and distress. 19 * Sec. 4. AS 13.52.065(a) is amended to read: 20 (a) A physician may issue a do not resuscitate order for a patient of the 21 physician only as provided in this section. The physician shall document the grounds 22 for the order in the patient's medical file. 23 * Sec. 5. AS 13.52.065(b) is amended to read: 24 (b) The department shall by regulation adopt a protocol, subject to the 25 approval of the State Medical Board, for do not resuscitate orders that sets out a 26 standardized method of procedure for the withholding of cardiopulmonary 27 resuscitation by health care providers and health care institutions. The protocol 28 adopted by the department must comply with this section. 29 * Sec. 6. AS 13.52.065 is amended by adding new subsections to read: 30 (g) Except as provided in (h) of this section, a physician may not issue a do 31 not resuscitate order for a patient of the physician without the express consent of
01 (1) the patient, if the patient has capacity and is 18 years of age or 02 older; under this paragraph, the consent may be provided by an advance health care 03 directive; or 04 (2) a person authorized to make health care decisions for the patient. 05 (h) A physician may issue a do not resuscitate order for a patient of the 06 physician without the express consent required by (g) of this section if the patient does 07 not have capacity, no person is authorized to make health care decisions for the 08 patient, and, 09 (1) if the patient has an advance health care directive, the directive 10 indicates that the patient wants a do not resuscitate order; or 11 (2) if the patient has an advance health care directive, the directive is 12 silent about the issuance of a do not resuscitate order and another physician concurs in 13 the decision to issue a do not resuscitate order. 14 (i) A physician shall revoke a do not resuscitate order issued for a patient if 15 (1) the issuance of the do not resuscitate order violates (g) of this 16 section; 17 (2) except as provided in (5) of this subsection, the patient has capacity 18 and requests that the do not resuscitate order be revoked; 19 (3) the patient has an advance health care directive that indicates that 20 the patient does not want a do not resuscitate order; 21 (4) the patient does not have capacity, the patient does not have an 22 advance health care directive that indicates that the patient wants a do not resuscitate 23 order, and a person authorized to make health care decisions for the patient requests or 24 does not oppose the revocation of the do not resuscitate order; or 25 (5) the patient is under 18 years of age and the parent or guardian of 26 the patient requests that the do not resuscitate order be revoked. 27 (j) A physician may revoke a do not resuscitate order issued by another 28 physician for a patient, if the physician has a 29 (1) physician-patient relationship with the patient; or 30 (2) health care obligation to the patient arising out of the physician's 31 (A) individual relationship with the patient; or
01 (B) employment by the health care institution or health care 02 facility where the patient is being treated. 03 * Sec. 7. AS 13.52.080(a) is amended to read: 04 (a) A health care provider or health care institution that acts in good faith and 05 in accordance with generally accepted health care standards applicable to the health 06 care provider or institution is not subject to civil or criminal liability or to discipline 07 for unprofessional conduct for 08 (1) providing health care information in good faith under 09 AS 13.52.070; 10 (2) complying with a health care decision of a person based on a good 11 faith belief that the person has authority to make a health care decision for a patient, 12 including a decision to withhold or withdraw health care; 13 (3) declining to comply with a health care decision of a person based 14 on a good faith belief that the person then lacked authority; 15 (4) complying with an advance health care directive and assuming in 16 good faith that the directive was valid when made and has not been revoked or 17 terminated; 18 (5) participating in the withholding or withdrawal of cardiopulmonary 19 resuscitation under the direction or with the authorization of a physician or upon 20 discovery of do not resuscitate identification upon an individual; 21 (6) causing or participating in providing cardiopulmonary resuscitation 22 or other life-sustaining procedures 23 (A) under AS 13.52.065(e) when an individual has made an 24 anatomical gift; 25 (B) because an individual has made a do not resuscitate order 26 ineffective under AS 13.52.065 [AS 13.52.065(f)] or another provision of this 27 chapter; or 28 (C) because the patient is a woman of childbearing age and 29 AS 13.52.055 applies; or 30 (7) acting in good faith under the terms of this chapter or the law of 31 another state relating to anatomical gifts.
01 * Sec. 8. AS 13.52.080(c) is amended to read: 02 (c) A health care provider, health care institution, or health care facility is not 03 subject to civil or criminal liability, or to discipline for unprofessional conduct, if a do 04 not resuscitate order prevents the health care provider, health care institution, or health 05 care facility from attempting to resuscitate a patient who requires cardiopulmonary 06 resuscitation or other resuscitative measures because of complications arising out of 07 health care being administered to the patient by the health care provider, health care 08 institution, or health care facility. This subsection does not apply if 09 (1) the complications suffered by the patient are caused by gross 10 negligence or reckless or intentional actions on the part of the health care provider, 11 health care institution, or health care facility; or 12 (2) the do not resuscitate order relied on by the health care 13 provider, health care institution, or health care facility was issued in violation of 14 AS 13.52.065. 15 * Sec. 9. AS 13.52.120(b) is amended to read: 16 (b) Notwithstanding any other provision of law except (h) of this section, 17 death resulting from the withholding or withdrawal of cardiopulmonary resuscitation 18 or other life-sustaining procedures does not, for any purpose, constitute a suicide or 19 homicide if the withholding or withdrawal is 20 (1) consistent with this chapter, except that a violation of 21 AS 13.52.065(g) - (i), does not, for any purpose, constitute a homicide; and 22 (2) from an individual 23 (A) for whom a do not resuscitate order has not been issued; 24 (B) for whom a do not resuscitate order has been issued under 25 (i) the protocol for do not resuscitate orders established 26 under AS 13.52.065; or 27 (ii) a do not resuscitate identification found on the 28 individual. 29 * Sec. 10. AS 13.52.120 is amended by adding a new subsection to read: 30 (h) The provisions of (b) of this section do not apply to a person who orders or 31 causes the withholding or withdrawal of cardiopulmonary resuscitation or other life-
01 sustaining procedures if the person acts intentionally, recklessly, with criminal 02 negligence, or with gross negligence. In this subsection, "intentionally," "recklessly," 03 and "criminal negligence" have the meanings given in AS 11.81.900. 04 * Sec. 11. AS 13.52.300 is amended to read: 05 Sec. 13.52.300. Optional form. The following sample form may be used to 06 create an advance health care directive. The other sections of this chapter govern the 07 effect of this or any other writing used to create an advance health care directive. This 08 form may be duplicated. This form may be modified to suit the needs of the person, or 09 a different form that complies with this chapter may be used, including the mandatory 10 witnessing requirements: 11 ADVANCE HEALTH CARE DIRECTIVE 12 Explanation 13 You have the right to give instructions about your own health care to 14 the extent allowed by law. You also have the right to name someone 15 else to make health care decisions for you to the extent allowed by law. 16 This form lets you do either or both of these things. It also lets you 17 express your wishes regarding the designation of your health care 18 provider. If you use this form, you may complete or modify all or any 19 part of it. You are free to use a different form if the form complies with 20 the requirements of AS 13.52. 21 Part 1 of this form is a durable power of attorney for health care. A 22 "durable power of attorney for health care" means the designation of an 23 agent to make health care decisions for you. Part 1 lets you name 24 another individual as an agent to make health care decisions for you if 25 you do not have the capacity to make your own decisions or if you 26 want someone else to make those decisions for you now even though 27 you still have the capacity to make those decisions. You may name an 28 alternate agent to act for you if your first choice is not willing, able, or 29 reasonably available to make decisions for you. Unless related to you, 30 your agent may not be an owner, operator, or employee of a health care 31 institution where you are receiving care.
01 Unless the form you sign limits the authority of your agent, your 02 agent may make all health care decisions for you that you could legally 03 make for yourself. This form has a place for you to limit the authority 04 of your agent. You do not have to limit the authority of your agent if 05 you wish to rely on your agent for all health care decisions that may 06 have to be made. If you choose not to limit the authority of your agent, 07 your agent will have the right, to the extent allowed by law, to 08 (a) consent or refuse consent to any care, treatment, service, or 09 procedure to maintain, diagnose, or otherwise affect a physical or 10 mental condition, including the administration or discontinuation of 11 psychotropic medication; 12 (b) select or discharge health care providers and institutions; 13 (c) approve or disapprove proposed diagnostic tests, surgical 14 procedures, and programs of medication; 15 (d) direct the provision, withholding, or withdrawal of artificial 16 nutrition and hydration and all other forms of health care; and 17 (e) make an anatomical gift following your death. 18 Part 2 of this form lets you give specific instructions for any aspect 19 of your health care to the extent allowed by law, except you may not 20 authorize mercy killing, assisted suicide, or euthanasia. Choices are 21 provided for you to express your wishes regarding the provision, 22 withholding, or withdrawal of treatment to keep you alive, including 23 the provision of artificial nutrition and hydration, as well as the 24 provision of pain relief medication. Space is provided for you to add to 25 the choices you have made or for you to write out any additional 26 wishes. 27 Part 3 of this form lets you express an intention to make an 28 anatomical gift following your death. 29 Part 4 of this form lets you make decisions in advance about certain 30 types of mental health treatment. 31 Part 5 of this form lets you designate a physician to have primary
01 responsibility for your health care. 02 After completing this form, sign and date the form at the end and 03 have the form witnessed by one of the two alternative methods listed 04 below. Give a copy of the signed and completed form to your 05 physician, to any other health care providers you may have, to any 06 health care institution at which you are receiving care, and to any health 07 care agents you have named. You should talk to the person you have 08 named as your agent to make sure that the person understands your 09 wishes and is willing to take the responsibility. 10 You have the right to revoke this advance health care directive or 11 replace this form at any time, except that you may not revoke this 12 declaration when you are determined not to be competent by a court, by 13 two physicians, at least one of whom shall be a psychiatrist, or by both 14 a physician and a professional mental health clinician. In this advance 15 health care directive, "competent" means that you have the capacity 16 (1) to assimilate relevant facts and to appreciate and understand your 17 situation with regard to those facts; and 18 (2) to participate in treatment decisions by means of a rational 19 thought process. 20 PART 1 21 DURABLE POWER OF ATTORNEY FOR 22 HEALTH CARE DECISIONS 23 (1) DESIGNATION OF AGENT. I designate the following 24 individual as my agent to make health care decisions for me: 25 _________________________________________________________ 26 (name of individual you choose as agent) 27 _________________________________________________________ 28 (address) (city) (state) (zip code) 29 _________________________________________________________ 30 (home telephone) (work telephone) 31 OPTIONAL: If I revoke my agent's authority or if my agent is not
01 willing, able, or reasonably available to make a health care decision for 02 me, I designate as my first alternate agent 03 _________________________________________________________ 04 (name of individual you choose as first alternate agent) 05 _________________________________________________________ 06 (address) (city) (state) (zip code) 07 _________________________________________________________ 08 (home telephone) (work telephone) 09 OPTIONAL: If I revoke the authority of my agent and first alternate 10 agent or if neither is willing, able, or reasonably available to make a 11 health care decision for me, I designate as my second alternate agent 12 _________________________________________________________ 13 (name of individual you choose as second alternate agent) 14 _________________________________________________________ 15 (address) (city) (state) (zip code) 16 _________________________________________________________ 17 (home telephone) (work telephone) 18 (2) AGENT'S AUTHORITY. My agent is authorized and directed to 19 follow my individual instructions and my other wishes to the extent 20 known to the agent in making all health care decisions for me. If these 21 are not known, my agent is authorized to make these decisions in 22 accordance with my best interest, including decisions to provide, 23 withhold, or withdraw artificial hydration and nutrition and other forms 24 of health care to keep me alive, except as I state here: 25 _________________________________________________________ 26 _________________________________________________________ 27 _________________________________________________________ 28 (Add additional sheets if needed.) 29 Under this authority, "best interest" means that the benefits to you 30 resulting from a treatment outweigh the burdens to you resulting from 31 that treatment after assessing
01 (A) the effect of the treatment on your physical, emotional, and 02 cognitive functions; 03 (B) the degree of physical pain or discomfort caused to you by the 04 treatment or the withholding or withdrawal of the treatment; 05 (C) the degree to which your medical condition, the treatment, or the 06 withholding or withdrawal of treatment, results in a severe and 07 continuing impairment; 08 (D) the effect of the treatment on your life expectancy; 09 (E) your prognosis for recovery, with and without the treatment; 10 (F) the risks, side effects, and benefits of the treatment or the 11 withholding of treatment; and 12 (G) your religious beliefs and basic values, to the extent that these 13 may assist in determining benefits and burdens. 14 (3) WHEN AGENT'S AUTHORITY BECOMES EFFECTIVE. 15 Except in the case of mental illness, my agent's authority becomes 16 effective when my primary physician determines that I am unable to 17 make my own health care decisions unless I mark the following box. In 18 the case of mental illness, unless I mark the following box, my agent's 19 authority becomes effective when a court determines I am unable to 20 make my own decisions, or, in an emergency, if my primary physician 21 or another health care provider determines I am unable to make my 22 own decisions. If I mark this box, my agent's authority to make health 23 care decisions for me takes effect immediately. 24 (4) AGENT'S OBLIGATION. My agent shall make health care 25 decisions for me in accordance with this durable power of attorney for 26 health care, any instructions I give in Part 2 of this form, and my other 27 wishes to the extent known to my agent. To the extent my wishes are 28 unknown, my agent shall make health care decisions for me in 29 accordance with what my agent determines to be in my best interest. In 30 determining my best interest, my agent shall consider my personal 31 values to the extent known to my agent.
01 (5) NOMINATION OF GUARDIAN. If a guardian of my person 02 needs to be appointed for me by a court, I nominate the agent 03 designated in this form. If that agent is not willing, able, or reasonably 04 available to act as guardian, I nominate the alternate agents whom I 05 have named under (1) above, in the order designated. 06 PART 2 07 INSTRUCTIONS FOR HEALTH CARE 08 If you are satisfied to allow your agent to determine what is best for 09 you in making health care decisions, you do not need to fill out this part 10 of the form. If you do fill out this part of the form, you may strike any 11 wording you do not want. There is a state protocol that governs the use 12 of do not resuscitate orders by physicians and other health care 13 providers. You may obtain a copy of the protocol from the Alaska 14 Department of Health and Social Services. A "do not resuscitate order" 15 means a directive from a licensed physician that emergency 16 cardiopulmonary resuscitation should not be administered to you. 17 (6) END-OF-LIFE DECISIONS. Except to the extent prohibited by 18 law, I direct that my health care providers and others involved in my 19 care provide, withhold, or withdraw treatment in accordance with the 20 choice I have marked below: (Check only one box.) 21 (A) [ ] Choice To Prolong Life 22 I want my life to be prolonged as long as possible within the limits 23 of generally accepted health care standards; OR 24 (B) [ ] Choice Not To Prolong Life 25 I want comfort care only and I do not want my life to be prolonged 26 with medical treatment if, in the judgment of my physician, 27 I have (check all choices that represent your wishes) 28 [ ] (i) a condition of permanent unconsciousness: a condition that, 29 to a high degree of medical certainty, will last permanently without 30 improvement; in which, to a high degree of medical certainty, thought, 31 sensation, purposeful action, social interaction, and awareness of
01 myself and the environment are absent; and for which, to a high degree 02 of medical certainty, initiating or continuing life-sustaining procedures 03 for me, in light of my medical outcome, will provide only minimal 04 medical benefit for me; or 05 [ ] (ii) a terminal condition: an incurable or irreversible illness or 06 injury that without the administration of life-sustaining procedures will 07 result in my death in a short period of time, for which there is no 08 reasonable prospect of cure or recovery, that imposes severe pain or 09 otherwise imposes an inhumane burden on me, and for which, in light 10 of my medical condition, initiating or continuing life-sustaining 11 procedures will provide only minimal medical benefit; 12 [ ] Additional instructions:_________________________________ 13 _________________________________________________________ 14 (C) Artificial Nutrition and Hydration. If I am unable to safely take 15 nutrition, fluids, or nutrition and fluids (check your choices or write 16 your instructions), 17 [ ] I wish to receive artificial nutrition and hydration indefinitely; 18 [ ] I wish to receive artificial nutrition and hydration indefinitely, 19 unless it clearly increases my suffering and is no longer in my best 20 interest; 21 [ ] I wish to receive artificial nutrition and hydration on a limited 22 trial basis to see if I can improve; 23 [ ] In accordance with my choices in (6)(B) above, I do not wish to 24 receive artificial nutrition and hydration. 25 [ ] Other instructions: ____________________________________ 26 _________________________________________________________ 27 (D) Relief from Pain. 28 [ ] I direct that adequate treatment be provided at all times for the 29 sole purpose of the alleviation of pain or discomfort; or 30 [ ] I give these instructions: 31 _________________________________________________________
01 _________________________________________________________ 02 (E) Life-Sustaining Procedures. "Life-sustaining procedures" 03 means any medical treatment, procedure, or intervention that may 04 keep you alive but will not remove your terminal condition or 05 remove permanent unconsciousness; "life-sustaining procedures" 06 includes assisted ventilation, renal dialysis, surgical procedures, 07 blood transfusions, and the administration of drugs, including 08 antibiotics, or artificial nutrition and hydration. 09 [ ] I wish to receive life-sustaining procedures. 10 [ ] I do not wish to receive life-sustaining procedures. 11 (F) Should I become unconscious and I am pregnant, I direct that 12 _________________________________________________________ 13 _________________________________________________________ 14 (7) OTHER WISHES. (If you do not agree with any of the optional 15 choices above and wish to write your own, or if you wish to add to the 16 instructions you have given above, you may do so here.) I direct that 17 _________________________________________________________ 18 _________________________________________________________ 19 Conditions or limitations: __________________________________ 20 ________________________________________________________ . 21 (Add additional sheets if needed.) 22 PART 3 23 ANATOMICAL GIFT AT DEATH 24 (OPTIONAL) 25 If you are satisfied to allow your agent to determine whether to 26 make an anatomical gift at your death, you do not need to fill out this 27 part of the form. 28 (8) Upon my death: (mark applicable box) 29 (A) [ ] I give any needed organs, tissues, or other body parts, OR 30 (B) [ ] I give the following organs, tissues, or other body parts only 31 _________________________________________________________
01 _________________________________________________________ 02 (C) [ ] My gift is for the following purposes (mark any of the 03 following you want): 04 [ ] (i) transplant; 05 [ ] (ii) therapy; 06 [ ] (iii) research; 07 [ ] (iv) education. 08 (D) [ ] I refuse to make an anatomical gift. 09 PART 4 10 MENTAL HEALTH TREATMENT 11 This part of the declaration allows you to make decisions in advance 12 about mental health treatment. The instructions that you include in this 13 declaration will be followed only if a court, two physicians that include 14 a psychiatrist, or a physician and a professional mental health clinician 15 believe that you are not competent and cannot make treatment 16 decisions. Otherwise, you will be considered to be competent and to 17 have the capacity to give or withhold consent for the treatments. 18 If you are satisfied to allow your agent to determine what is best for 19 you in making these mental health decisions, you do not need to fill out 20 this part of the form. If you do fill out this part of the form, you may 21 strike any wording you do not want. 22 (9) PSYCHOTROPIC MEDICATIONS. If I do not have the 23 capacity to give or withhold informed consent for mental health 24 treatment, my wishes regarding psychotropic medications are as 25 follows: 26 ________ I consent to the administration of the following 27 medications: 28 ________ I do not consent to the administration of the following 29 medications: 30 Conditions or limitations: _________________________________ 31 ________________________________________________________ .
01 (10) ELECTROCONVULSIVE TREATMENT. If I do not have the 02 capacity to give or withhold informed consent for mental health 03 treatment, my wishes regarding electroconvulsive treatment are as 04 follows: 05 ________ I consent to the administration of electroconvulsive 06 treatment. 07 ________ I do not consent to the administration of electroconvulsive 08 treatment. 09 Conditions or limitations: __________________________________ 10 ________________________________________________________ . 11 (11) ADMISSION TO AND RETENTION IN FACILITY. If I do 12 not have the capacity to give or withhold informed consent for mental 13 health treatment, my wishes regarding admission to and retention in a 14 mental health facility for mental health treatment are as follows: 15 ________ I consent to being admitted to a mental health facility for 16 mental health treatment for up to ________ days. (The number of days 17 not to exceed 17.) 18 ________ I do not consent to being admitted to a mental health 19 facility for mental health treatment. 20 Conditions or limitations: __________________________________ 21 ________________________________________________________ . 22 OTHER WISHES OR INSTRUCTIONS 23 _________________________________________________________ 24 _________________________________________________________ 25 _________________________________________________________ 26 Conditions or limitations: _________________________________ 27 ________________________________________________________ . 28 PART 5 29 PRIMARY PHYSICIAN 30 (OPTIONAL)
01 (12) I designate the following physician as my primary physician: 02 _________________________________________________________ 03 (name of physician) 04 _________________________________________________________ 05 (address) (city) (state) (zip code) 06 _________________________________________________________ 07 (telephone) 08 OPTIONAL: If the physician I have designated above is not willing, 09 able, or reasonably available to act as my primary physician, I 10 designate the following physician as my primary physician: 11 _________________________________________________________ 12 (name of physician) 13 _________________________________________________________ 14 (address) (city) (state) (zip code) 15 _________________________________________________________ 16 (telephone) 17 (13) EFFECT OF COPY. A copy of this form has the same effect as 18 the original. 19 (14) SIGNATURES. Sign and date the form here: 20 _________________________________________________________ 21 (date) (sign your name) 22 _________________________________________________________ 23 (print your name) 24 _________________________________________________________ 25 (address) (city) (state) (zip code) 26 (15) WITNESSES. This advance care health directive will not be 27 valid for making health care decisions unless it is 28 (A) signed by two qualified adult witnesses who are personally 29 known to you and who are present when you sign or acknowledge your 30 signature; the witnesses may not be a health care provider employed at 31 the health care institution or health care facility where you are receiving
01 health care, an employee of the health care provider who is providing 02 health care to you, an employee of the health care institution or health 03 care facility where you are receiving health care, or the person 04 appointed as your agent by this document; at least one of the two 05 witnesses may not be related to you by blood, marriage, or adoption or 06 entitled to a portion of your estate upon your death under your will or 07 codicil; or 08 (B) acknowledged before a notary public in the state. 09 ALTERNATIVE NO. 1 10 Witness Who is Not Related to or a Devisee of the Principal 11 I swear under penalty of perjury under AS 11.56.200 that the 12 principal is personally known to me, that the principal signed or 13 acknowledged this durable power of attorney for health care in my 14 presence, that the principal appears to be of sound mind and under no 15 duress, fraud, or undue influence, and that I am not 16 (1) a health care provider employed at the health care institution or 17 health care facility where the principal is receiving health care; 18 (2) an employee of the health care provider providing health care to 19 the principal; 20 (3) an employee of the health care institution or health care facility 21 where the principal is receiving health care; 22 (4) the person appointed as agent by this document; 23 (5) related to the principal by blood, marriage, or adoption; or 24 (6) entitled to a portion of the principal's estate upon the principal's 25 death under a will or codicil. 26 _________________________________________________________ 27 (date) (signature of witness) 28 _________________________________________________________ 29 (printed name of witness) 30 _________________________________________________________ 31 (address) (city) (state) (zip code)
01 Witness Who May be Related to or a Devisee of the Principal 02 I swear under penalty of perjury under AS 11.56.200 that the 03 principal is personally known to me, that the principal signed or 04 acknowledged this durable power of attorney for health care in my 05 presence, that the principal appears to be of sound mind and under no 06 duress, fraud, or undue influence, and that I am not 07 (1) a health care provider employed at the health care institution or 08 health care facility where the principal is receiving health care; 09 (2) an employee of the health care provider who is providing health 10 care to the principal; 11 (3) an employee of the health care institution or health care facility 12 where the principal is receiving health care; or 13 (4) the person appointed as agent by this document. 14 _________________________________________________________ 15 (date) (signature of witness) 16 _________________________________________________________ 17 (printed name of witness) 18 _________________________________________________________ 19 (address) (city) (state) (zip code) 20 ALTERNATIVE NO. 2 21 State of Alaska 22 ________ Judicial District 23 On this ________ day of ________, in the year ________, before 24 me, ________ (insert name of notary public) appeared 25 ________________________, personally known to me (or proved to 26 me on the basis of satisfactory evidence) to be the person whose name 27 is subscribed to this instrument, and acknowledged that the person 28 executed it. 29 Notary Seal 30 ____________________ 31 (signature of notary public)
01 * Sec. 12. AS 13.52.390(17) is amended to read: 02 (17) "health care decision" means a decision made by an individual or 03 the individual's agent, guardian, or surrogate regarding the individual's health care, 04 including 05 (A) selection and discharge of health care providers and 06 institutions; 07 (B) approval or disapproval of proposed diagnostic tests, 08 surgical procedures, and programs of medication; 09 (C) direction to provide, withhold, or withdraw artificial 10 nutrition and hydration if providing, withholding, or withdrawing artificial 11 nutrition, artificial hydration, or artificial nutrition and hydration is in accord 12 with generally accepted health care standards applicable to health care 13 providers or institutions; 14 (D) the administration or withdrawal of psychotropic 15 medications, the use of electroconvulsive treatment, and the admission to a 16 mental health facility; [AND] 17 (E) making an anatomical gift at death; and 18 (F) a direction relating to the provision of cardiopulmonary 19 resuscitation or other resuscitative measures; 20 * Sec. 13. AS 13.52.065(f) is repealed. 21 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 CONTINUING EFFECT OF DO NOT RESUSCITATE ORDERS. A do not 24 resuscitate order made under AS 13.52 before the effective date of this Act continues in effect 25 under AS 13.52, unless the do not resuscitate order is revoked under AS 13.52.065(i) or (j), 26 added by sec. 6 of this Act, or made ineffective under another provision of AS 13.52, as 27 amended by this Act.