Title 31, Chapter 36, Section 7
( 31-36-7)
Each health care provider and each other person with whom an agent
deals under a health care agency shall be subject to the following
duties and responsibilities: (1) It is the responsibility of the agent or patient to notify the
health care provider of the existence of the health care agency
and any amendment or revocation thereof. A health care provider
furnished with a copy of a health care agency shall make it a part
of the patient's medical records and shall enter in the records
any change in or termination of the health care agency by the
principal that becomes known to the provider. Whenever a provider
believes a patient is unable to understand the general nature of
the health care procedure which the provider deems necessary, the
provider shall consult with any available health care agent known
to the provider who then has power to act for the patient under a
health care agency; (2) A health care decision made by an agent in accordance with the
terms of a health care agency shall be complied with by every
health care provider to whom the decision is communicated, subject
to the provider's right to administer treatment for the patient's
comfort or alleviation of pain; but, if the provider is unwilling
to comply with the agent's decision, the provider shall promptly
inform the agent who shall then be responsible to make the
necessary arrangements for the transfer of the patient to another
provider. A provider who is unwilling to comply with the agent's
decision will continue to afford reasonably necessary consultation
and care in connection with the pending transfer; (3) At the patient's expense and subject to reasonable rules of
the health care provider to prevent disruption of the patient's
health care, each health care provider shall give an agent
authorized to receive such information under a health care agency
the same right the principal has to examine and copy any part or
all of the patient's medical records that the agent deems relevant
to the exercise of the agent's powers, whether the records relate
to mental health or any other medical condition and whether they
are in the possession of or maintained by any physician,
psychiatrist, psychologist, therapist, hospital, nursing home, or
other health care provider, notwithstanding the provisions of any
statute or rule of law to the contrary; and (4) If and to the extent a health care agency empowers the agent
to: (A) Make an anatomical gift on behalf of the principal under
Article 6 of Chapter 5 of Title 44, the "Georgia Anatomical Gift
Act," as now or hereafter amended; (B) Authorize an autopsy of the principal's body; or (C) Direct the disposition of the principal's remains, the anatomical gift, autopsy approval, or remains disposition
shall be deemed the act of the principal or of the person who has
priority under law to make the necessary decisions and each person
to whom a direction by the agent in accordance with the terms of
the agency is communicated shall comply with such direction to the
extent it is in accord with reasonable medical standards or other
relevant standards at the time of reference. |