Testamento vital reglamentario y poder notarial duradero para atención médica
STATUTORY REFERENCE
ALL REFERENCES ARE TO THE IDAHO STATUTES
LIVING WILL
(§§39-4501 through 39-4504)
Section 39-4501: This act shall be known and may be cited as the
"Natural Death Act."
Section 39-4502: The legislature finds that adult persons have the
fundamental right to control the decisions relating to the rendering of
their medical care, including the decision to have life sustaining procedures
withheld or withdrawn. The legislature further finds that modern medical
technology has made possible the artificial prolongation of human life
beyond natural limits. The legislature further finds that patients are
sometimes unable to express their desire to withhold or withdraw such artificial
life prolongation procedures which provide nothing medically necessary
or beneficial to the patient because of the patient's inability to communicate
with the physician. In recognition of the dignity and privacy which patients
have a right to expect, the legislature hereby declares that the laws of
this state shall recognize the right of a competent person to have his
wishes for medical treatment and for the withdrawal of artificial life
sustaining procedures carried out even though that person is no longer
able to communicate with the physician. It is the intent of the legislature
to establish an effective means for such communication. It is not the intent
of the legislature that the procedures described herein are the only effective
means of such communication.
Section 39-4503: The following definitions shall govern the construction
of this chapter:
(1) "Attending physician" means the physician licensed by
the state board of medicine, selected by, or assigned to, the patient who
has primary responsibility for the treatment and care of the patient.
(2) "Competent person" means any emancipated minor or any
person eighteen (18) or more years of age who is of sound mind.
(3) "Artificial life-sustaining procedure" means any medical
procedure or intervention which utilizes mechanical means to sustain or
supplant a vital function which when applied to a qualified patient, would
serve only to artificially prolong life and where, in the judgment of the
attending physician, death is imminent whether or not such procedures are
utilized, or the patient is diagnosed as being in a persistent vegetative
state. Artificial life-sustaining procedures shall not include the administration
of medication
or the performance of any medical procedure deemed necessary to
alleviate pain.
(4) "Durable power of attorney for health care" means a durable
power of attorney to the extent that it authorizes an attorney in fact
to make health care decisions for the principal.
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