Title 31, Chapter 36A, Section 6
( 31-36A-6)
(a) Upon a physician's certification pursuant to Code Section 31-36A-5, and in addition to such other persons as may be otherwise authorized and empowered, any one of the following persons is authorized and empowered to consent, in the priority order listed below, either orally or otherwise, to such transfer, admission, or discharge: (1) Any adult, for himself or herself; (2) Any person authorized to give such consent for the adult under
a health care agency complying with Chapter 36 of this title, the
"Durable Power of Attorney for Health Care Act"; (3) Any guardian of the person for his or her ward; (4) Any spouse for his or her spouse; (5) Any adult child for such person's parent; (6) Any parent for such person's adult child; (7) Any adult for such person's adult brother or sister; (8) Any grandparent for such person's adult grandchild; (9) Any adult grandchild for such person's grandparent; (10) Any adult uncle or aunt for such person's adult nephew or
niece; or (11) Any adult nephew or niece for such person's adult uncle or
aunt. (b) Any person authorized and empowered to consent under subsection
(a) of this Code section shall, after being informed of the
provisions of this Code section, act in good faith to consent to a
transfer, admission, or discharge which the patient would have
wanted had the patient been able to consent in the circumstances
under which such transfer, admission, or discharge is considered or,
if the patient's preferences are unknown, which such person believes
the patient would have wanted had the patient been able to consent
in the circumstances under which such transfer, admission, or
discharge is considered. The current health care facility's
discharge planner, social worker, or other designated personnel
shall assist the person authorized to consent under subsection (a)
of this Code section with identifying the most appropriate, least
restrictive level of care available, including home and community
based services and available placements, if any, in reasonable
proximity to the patient's residence. (c) The authorization to consent to such transfer, admission, or
discharge shall expire upon the earliest of the following: (1) The completion of the transfer, admission, or discharge and
such responsibilities associated with such transfer, admission, or
discharge, including, but not limited to, assisting with
applications for financial coverage and insurance benefits for
health or personal care;
(2) Upon a physician's certification that the adult is able to
consent to decisions regarding his or her placements for health or
personal care; or (3) Upon discovery that another person authorized under subsection
(a) of this Code section of a higher priority is available who has
not affirmatively waived his or her authority to consent or
dissent to admission to or discharge from a health care facility
or placement or transfer to an alternative health care facility or
placement, provided that dissent by such authorized person to a
proposed admission, discharge, or transfer shall not be deemed
waiver of authority. (d) The authorization to give consent for transfer, admission, or
discharge is limited solely to said transfer, admission, or
discharge decision and responsibilities associated with such
decision, including providing assistance with financial assistance
applications. It does not include the power or authority to perform
any other acts on behalf of the adult not expressly authorized in
this Code section. (e) This Code section shall not repeal, abrogate, or impair the
operation of any other laws, either federal or state, governing the
transfer, admission, or discharge of a person to or from a health
care facility or placement. Further, the adult retains all rights
provided under laws, both federal and state, as a result of an
involuntary transfer, admission, or discharge. (f) Each certifying physician, discharge planner, social worker, or
other hospital personnel or authorized person who acts in good faith
pursuant to the authority of this Code section shall not be subject
to any civil or criminal liability or discipline for unprofessional
conduct. |