Title 31, Chapter 32, Section 2
( 31-32-2)
As used in this chapter, the term: (1) "Attending physician" means the physician who has been
selected by or assigned to the patient and who has assumed primary
responsibility for the treatment and care of the patient;
provided, however, that if the physician selected by or assigned
to the patient to provide such treatment and care directs another
physician to assume primary responsibility for such care and
treatment, the physician who has been so directed shall, upon his
or her assumption of such responsibility, be the "attending
physician." (2) "Coma" means a profound state of unconsciousness caused by
disease, injury, poison, or other means and for which it has been
determined that there exists no reasonable expectation of
regaining consciousness. The procedure for establishing a coma is
as follows: two physicians, one of whom must be the attending
physician, who, after personally examining the declarant, shall
certify in writing, based upon conditions found during the course
of their examination, that: (A) The declarant has been in a profound state of
unconsciousness for a period of time sufficient for the
declarant's physicians to conclude that the unconscious state
will continue; and (B) There exists no reasonable expectation that the declarant
will regain consciousness. (3) "Competent adult" means a person of sound mind who is 18 years
of age or older. (4) "Declarant" means a person who has executed a living will
authorized by this chapter. (5) "Hospital" means a facility which has a valid permit or
provisional permit issued under Chapter 7 of this title and which
is primarily engaged in providing to inpatients, by or under the
supervision of physicians, diagnostic services and therapeutic
services for medical diagnosis, treatment, and care of injured,
disabled, or sick persons. (6) "Life-sustaining procedures" means any medical procedures or
interventions, which, when applied to a patient in a terminal
condition or in a coma or persistent vegetative state with no
reasonable expectation of regaining consciousness or significant
cognitive function, would serve only to prolong the dying process
and where, in the judgment of the attending physician and a second
physician, death will occur without such procedures or
interventions. The term "life-sustaining procedures" may include,
at the option of the declarant, the provision of nourishment and
hydration, but shall not include the administration of medication
to alleviate pain or the performance of any medical procedure
deemed necessary to alleviate pain. (7) "Living will" means a written document voluntarily executed by the declarant in accordance with the requirements of Code Section 31-32-3 or 31-32-4. (8) "Patient" means a person receiving care or treatment from a physician. (9) "Persistent vegetative state" means a state of severe mental
impairment in which only involuntary bodily functions are present
and for which there exists no reasonable expectation of regaining
significant cognitive function. The procedure for establishing a
persistent vegetative state is as follows: two physicians, one of
whom must be the attending physician, who, after personally
examining the declarant, shall certify in writing, based upon
conditions found during the course of their examination, that: (A) The declarant's cognitive function has been substantially
impaired; and (B) There exists no reasonable expectation that the declarant
will regain significant cognitive function. (10) "Physician" means a person lawfully licensed in this state to
practice medicine and surgery pursuant to Article 2 of Chapter 34
of Title 43. (11) "Reasonable expectation" means the result of prudent judgment
made on the basis of the medical judgment of a physician. (12) "Skilled nursing facility" means a facility having a valid
permit or provisional permit issued under Chapter 7 of this title
and which provides skilled nursing care and supportive care to
patients whose primary need is for availability of skilled nursing
care on an extended basis. (13) "Terminal condition" means incurable condition caused by
disease, illness, or injury which, regardless of the application
of life-sustaining procedures, would produce death. The procedure
for establishing a terminal condition is as follows: two
physicians, one of whom must be the attending physician, who,
after personally examining the declarant, shall certify in
writing, based upon conditions found during the course of their
examination, that: (A) There is no reasonable expectation for improvement in the
condition of the declarant; and (B) Death of the declarant from these conditions will occur as a
result of such disease, illness, or injury. |