Title 31, Chapter 36, Section 8
( 31-36-8)
Each health care provider and each other person who acts in good
faith reliance on any direction or decision by the agent that is not
clearly contrary to the terms of a health care agency will be
protected and released to the same extent as though such person had
dealt directly with the principal as a fully competent person.
Without limiting the generality of the foregoing, the following
specific provisions shall also govern, protect, and validate the
acts of the agent and each such health care provider and other
person acting in good faith reliance on such direction or decision: (1) No such provider or person shall be subject to any type of
civil or criminal liability or discipline for unprofessional
conduct solely for complying with any direction or decision by the
agent, even if death or injury to the patient ensues; (2) No such provider or person shall be subject to any type of
civil or criminal liability or discipline for unprofessional
conduct solely for failure to comply with any direction or
decision by the agent, as long as such provider or person promptly
informs the agent of such provider's or person's refusal or
failure to comply with such direction or decision by the agent.
The agent shall then be responsible to make the necessary
arrangements for the transfer of the patient to another health
care provider. A health care 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) If the actions of a health care provider or person who fails to comply with any direction or decision by the agent are substantially in accord with reasonable medical standards at the time of reference and the provider cooperates in the transfer of the patient pursuant to paragraph (2) of Code Section 31-36-7, the health care provider or person shall not be subject to any type of civil or criminal liability or discipline for unprofessional conduct for failure to comply with the agency; (4) No agent who, in good faith, acts with due care for the
benefit of the patient and in accordance with the terms of a
health care agency, or who fails to act, shall be subject to any
type of civil or criminal liability for such action or inaction; (5) If the authority granted by a health care agency is revoked under Code Section 31-36-6, a person will not be subject to criminal prosecution or civil liability for acting in good faith reliance upon such health care agency unless such person had actual knowledge of the revocation; and (6) If the patient's death results from withholding or withdrawing
life-sustaining or death-delaying treatment in accordance with the
terms of a health care agency, the death shall not constitute a
suicide or homicide for any purpose under any statute or other
rule of law and shall not impair or invalidate any insurance,
annuity, or other type of contract that is conditioned on the life
or death of the patient, any term of the contract to the contrary
notwithstanding. |