194.290. Declarations and advance health care directives--definitions--gift in conflict with, donor or physician to resolve.
Declarations and advance health care directives--definitions--gift inconflict with, donor or physician to resolve.
194.290. 1. As used in this section, the following terms mean:
(1) "Advance health-care directive", a power of attorney for healthcare or a record signed or authorized by a prospective donor, containingthe prospective donor's direction concerning a health-care decision for theprospective donor;
(2) "Declaration", a record, including but not limited to a livingwill, or a do-not-resuscitate order, signed by a prospective donorspecifying the circumstances under which a life support system may bewithheld or withdrawn;
(3) "Health-care decision", any decision regarding the health care ofthe prospective donor.
2. If a prospective donor has a declaration or advance health-caredirective and the terms of the declaration or directive and the express orimplied terms of a potential anatomical gift are in conflict with regard tothe administration of measures necessary to ensure the medical suitabilityof a part for transplantation or therapy, the prospective donor's attendingphysician and prospective donor shall confer to resolve the conflict. Ifthe prospective donor is incapable of resolving the conflict, an agentacting under the prospective donor's declaration or directive or, if noneor the agent is not reasonably available, another person authorized by lawto make health-care decisions on behalf of the prospective donor shall actfor the donor to resolve the conflict. The conflict must be resolved asexpeditiously as possible. Information relevant to the resolution of theconflict may be obtained from the appropriate procurement organization andany other person authorized to make an anatomical gift for the prospectivedonor under section 194.245. Before the resolution of the conflict,measures necessary to ensure the medical suitability of an organ fortransplantation or therapy may not be withheld or withdrawn from theprospective donor if withholding or withdrawing the measures is notcontraindicated by appropriate end-of-life care.
(L. 1969 S.B. 43 § 9, A.L. 2008 S.B. 1139)