Title 31, Chapter 32, Section 8
( 31-32-8)
(a) Prior to effecting a withholding or withdrawal of
life-sustaining procedures from a patient pursuant to a living will,
the attending physician: (1) Shall determine that, to the best of his knowledge, the
declarant patient is not pregnant, or if she is, that the fetus is
not viable and that the declarant's living will specifically
indicates that the living will is to be carried out; (2) Shall, without delay after the diagnosis of a terminal condition of the declarant, take the necessary steps to provide for the written certification required by Code Section 31-32-2 of the declarant's terminal condition, coma, or persistent vegetative state; (3) Shall make a reasonable effort to determine that the living will complies with subsection (b) of Code Section 31-32-3; and (4) Shall make the living will and the written certification of
the terminal condition, coma, or persistent vegetative state a
part of the declarant patient's medical records. (b) The living will shall be presumed, unless revoked, to be the
directions of the declarant regarding the withholding or withdrawal
of life-sustaining procedures. No person shall be civilly liable
for failing or refusing in good faith to effectuate the living will
of the declarant patient. The attending physician who fails or
refuses to comply with the declaration of a patient pursuant to this
chapter shall endeavor to advise promptly the next of kin or legal
guardian of the declarant that such physician is unwilling to
effectuate the living will of the declarant patient. The attending
physician shall thereafter at the election of the next of kin or the
legal guardian of the declarant: (1) Make a good faith attempt to effect the transfer of the
qualified patient to another physician who will effectuate the
declaration of the patient; or (2) Permit the next of kin or legal guardian to obtain another
physician who will effectuate the declaration of the patient. |