142C.12B - EFFECT OF ANATOMICAL GIFT ON ADVANCE HEALTH CARE DIRECTIVE.
142C.12B EFFECT OF ANATOMICAL GIFT ON ADVANCE HEALTH
CARE DIRECTIVE.
1. As used in this section:
a. "Advance health care directive" means a durable power of
attorney for health care pursuant to chapter 144B or a record signed
or authorized by a prospective donor containing the prospective
donor's direction concerning a health care decision for the
prospective donor.
b. "Declaration" means a record signed by a prospective donor
specifying the circumstances under which a life support system may be
withheld or withdrawn from the prospective donor.
c. "Health care decision" means any decision regarding the
health care of the prospective donor.
2. a. If a prospective donor has a declaration or advance
health care directive and the terms of the declaration or directive
and the express or implied terms of a potential anatomical gift are
in conflict with regard to the administration of measures necessary
to ensure the medical suitability of a part for transplantation or
therapy, the prospective donor's attending physician and prospective
donor shall confer to resolve the conflict.
b. If the prospective donor is incapable of resolving the
conflict, an agent acting under the prospective donor's declaration
or directive or, if no agent exists or the agent is not reasonably
available, another person, authorized by law other than this chapter
to make health care decisions on behalf of the prospective donor,
shall act for the donor to resolve the conflict. The agent or other
person shall resolve the conflict consistent with the desires of the
donor as expressed in a declaration executed in accordance with
chapter 144A, or a durable power of attorney for health care executed
in accordance with chapter 144B, or as otherwise known, or if not
known, consistent with the donor's best interest.
c. The conflict shall be resolved as expeditiously as
possible.
d. Information relevant to the resolution of the conflict may
be obtained from the appropriate procurement organization and any
other person authorized to make an anatomical gift for the
prospective donor under section 142C.4. Prior to resolution of the
conflict, measures necessary to ensure the medical suitability of the
part shall not be withheld or withdrawn from the prospective donor if
withholding or withdrawing the measures is not contraindicated by
appropriate end-of-life care. Section History: Recent Form
2007 Acts, ch 44, §16