Article 1 in general 351101. Local contributions; disposition


22101.  Repealed By Laws 2005, ch. 161, § 3



Download 2.51 Mb.
Page59/64
Date29.01.2017
Size2.51 Mb.
#12377
1   ...   56   57   58   59   60   61   62   63   64

3522101.  Repealed By Laws 2005, ch. 161, § 3.
3522102.  Repealed By Laws 2005, ch. 161, § 3.
3522103.  Repealed By Laws 2005, ch. 161, § 3.
3522104.  Repealed By Laws 2005, ch. 161, § 3.
3522105.  Repealed By Laws 2005, ch. 161, § 3.
3522106.  Repealed By Laws 2005, ch. 161, § 3.
3522107.  Repealed By Laws 2005, ch. 161, § 3.
3522108.  Repealed By Laws 2005, ch. 161, § 3.
3522109.  Repealed By Laws 2005, ch. 161, § 3.
ARTICLE 2

CARDIOPULMONARY RESUSCITATION DIRECTIVES


3522201.  Definitions.
Note: this law is repealed by Laws 2015, ch. 189, § 2. effective 7/1/2016.
(a)  As used in this article, unless the context otherwise requires:
Note: this law is repealed by Laws 2015, ch. 189, § 2. effective 7/1/2016.
(i)  "Cardiopulmonary resuscitation" means measures to restore cardiac function or to support breathing in the event of respiratory or cardiac arrest or malfunction. "Cardiopulmonary resuscitation" includes, but is not limited to, chest compression, delivering electric shock to the chest, or manual or mechanical methods to assist breathing;
Note: this law is repealed by Laws 2015, ch. 189, § 2. effective 7/1/2016.
(ii)  "Cardiopulmonary resuscitation directive" means an advance medical directive pertaining to the administration of cardiopulmonary resuscitation;
Note: this law is repealed by Laws 2015, ch. 189, § 2. effective 7/1/2016.
(iii)  "Emergency medical service personnel" means any emergency medical technician at any level who is certified by the department of health. "Emergency medical service personnel" includes a first responder certified by the department of health.
Note: this law is repealed by Laws 2015, ch. 189, § 2. effective 7/1/2016.
3522202.  Cardiopulmonary resuscitation directives; who may execute.
Any adult who has the decisional capacity to provide informed consent to or refusal of medical treatment or any other person who is, pursuant to the laws of this state or any other state, authorized to make medical treatment decisions on behalf of a person who lacks such decisional capacity, may execute a cardiopulmonary resuscitation directive.
Note: this law is repealed by Laws 2015, ch. 189, § 2. effective 7/1/2016.
3522203.  Cardiopulmonary resuscitation directive forms; duties of department of health.
Note: this law is repealed by Laws 2015, ch. 189, § 2. effective 7/1/2016.
(a)  On or before January 1, 1994, the state department of health shall promulgate rules and protocols for the implementation of cardiopulmonary resuscitation directives by emergency medical personnel. The protocols adopted shall include uniform methods of identifying persons who have executed a cardiopulmonary resuscitation directive. Protocols adopted by the department of health shall include methods for rapid identification of persons who have executed a cardiopulmonary resuscitation directive, controlled distribution of the methods of identifying persons who have executed a cardiopulmonary resuscitation directive, and the information described in subsection (b) of this section. Nothing in this subsection shall be construed to restrict any other manner in which a person may make a cardiopulmonary resuscitation directive.
Note: this law is repealed by Laws 2015, ch. 189, § 2. effective 7/1/2016.
(b)  Cardiopulmonary resuscitation directive protocols to be adopted by the state department of health shall, at a minimum, require the following information concerning the person who is the subject of the cardiopulmonary resuscitation directive:
Note: this law is repealed by Laws 2015, ch. 189, § 2. effective 7/1/2016.
(i)  The person's name, date of birth and sex;
Note: this law is repealed by Laws 2015, ch. 189, § 2. effective 7/1/2016.
(ii)  The person's eye and hair color;
Note: this law is repealed by Laws 2015, ch. 189, § 2. effective 7/1/2016.
(iii)  The person's race or ethnic background;
Note: this law is repealed by Laws 2015, ch. 189, § 2. effective 7/1/2016.
(iv)  If applicable, the name of a hospice program in which the person is enrolled;
Note: this law is repealed by Laws 2015, ch. 189, § 2. effective 7/1/2016.
(v)  The name, address and telephone number of the person's attending physician;
Note: this law is repealed by Laws 2015, ch. 189, § 2. effective 7/1/2016.
(vi)  The person's signature or mark or, if applicable, the signature of a person authorized by this article to execute a cardiopulmonary resuscitation directive;
Note: this law is repealed by Laws 2015, ch. 189, § 2. effective 7/1/2016.
(vii)  The date on which the cardiopulmonary resuscitation directive was signed;
Note: this law is repealed by Laws 2015, ch. 189, § 2. effective 7/1/2016.
(viii)  The person's directive concerning the administration of cardiopulmonary resuscitation, countersigned by the person's attending physician.
Note: this law is repealed by Laws 2015, ch. 189, § 2. effective 7/1/2016.
3522204.  Duty to comply with cardiopulmonary resuscitation directive; immunity; effect on criminal charges against another person.
Note: this law is repealed by Laws 2015, ch. 189, § 2. effective 7/1/2016.
(a)  Emergency medical service personnel, health care providers and health care facilities shall comply with a person's cardiopulmonary resuscitation directive that is apparent and immediately available. Any emergency medical service personnel, health care provider, health care facility or any other person who, in good faith, complies with a cardiopulmonary resuscitation directive which is perceived to be valid shall not be subject to civil or criminal liability or regulatory sanction for such compliance.
Note: this law is repealed by Laws 2015, ch. 189, § 2. effective 7/1/2016.
(b)  Compliance by emergency medical service personnel, health care providers or health care facilities with a cardiopulmonary resuscitation directive shall not affect the criminal prosecution of any person otherwise charged with the commission of a criminal act.
Note: this law is repealed by Laws 2015, ch. 189, § 2. effective 7/1/2016.
(c)  In the absence of a cardiopulmonary resuscitation directive, a person's consent to cardiopulmonary resuscitation shall be presumed.
Note: this law is repealed by Laws 2015, ch. 189, § 2. effective 7/1/2016.
3522205.  Effect of declaration after inpatient admission.
A cardiopulmonary resuscitation directive for any person who is admitted to a health care facility shall be implemented as a physician's order concerning resuscitation as directed by the person in the cardiopulmonary resuscitation directive, pending further physicians' orders.
Note: this law is repealed by Laws 2015, ch. 189, § 2. effective 7/1/2016.
3522206.  Effect of cardiopulmonary resuscitation directive; absence; on life or health insurance.
Neither a cardiopulmonary resuscitation directive nor the failure of a person to execute one shall affect, impair or modify any contract of life or health insurance or annuity or be the basis for any delay in issuing or refusing to issue an annuity or policy of life or health insurance or any increase of a premium therefor.
Note: this law is repealed by Laws 2015, ch. 189, § 2. effective 7/1/2016.
3522207.  Revocation of cardiopulmonary resuscitation directive.
A cardiopulmonary resuscitation directive may be revoked at any time by the person who is the subject of the directive or by any other person who is, pursuant to the laws of this state or any other state, authorized to make medical treatment decisions on behalf of the person who is the subject of the directive.
Note: this law is repealed by Laws 2015, ch. 189, § 2. effective 7/1/2016.
3522208.  Effect of article on euthanasia; mercy killing; construction of statute.
Nothing is this article shall be construed as condoning, authorizing or approving euthanasia or mercy killing. In addition, the legislature does not intend that this article be construed as permitting any affirmative or deliberate act to end a person's life, except to permit natural death as provided by this article.
Note: this law is repealed by Laws 2015, ch. 189, § 2. effective 7/1/2016.
ARTICLE 3

PSYCHIATRIC ADVANCE DIRECTIVES


3522301.  Definitions.
(a)  As used in this act:
(i)  "Adult" means a person eighteen (18) years of age or older;
(ii)  "Agent" means any person authorized in the psychiatric advance directive to make decisions on behalf of the person who executed the directive;
(iii)  "Psychiatric advance directive" means an advance medical directive pertaining to the administration or refusal of psychiatric restabilization for the care and treatment of mental illness;
(iv)  "Psychiatric personnel" means any licensed physician who specializes in psychiatric care;
(v)  "Psychiatric restabilization" means measures to restore mental function or to support mental health in the event of destabilization of mental health due to lack of appropriate treatment. Psychiatric restabilization measures include administration of prescribed liquid medication by mouth or injection, administration of prescribed medication orally, physical restraint, seclusion or crisis psychiatric counseling;
(vi)  "This act" means W.S. 3522301 through 3522308.
3522302.  Psychiatric advance directives; who may execute.
Any adult who has the decisional capacity to provide informed consent to or refusal of psychiatric restabilization measures or any other person who is, pursuant to the laws of this state or any other state, authorized to consent to or refuse psychiatric restabilization measures on behalf of a person who lacks the decisional capacity, may execute a psychiatric advance directive.
3522303.  Psychiatric advance directive forms; duties of department of health.
(a)  On or before January 1, 2000, the state department of health shall promulgate rules, protocols and forms for the implementation of psychiatric advance directives by psychiatric personnel. The protocols adopted shall include uniform methods for rapid identification of persons who have executed a psychiatric advance directive, methods to protect the confidentiality of persons who have executed a psychiatric advance directive and the information described in subsection (b) of this section. Nothing in this subsection shall be construed to restrict any other manner in which a person may make a psychiatric advance directive. Forms which meet the requirements of law and are consistent with patient rights shall be developed and disseminated throughout the state as recommended forms.
(b)  Psychiatric advance directive protocols to be adopted by the state department of health shall, at a minimum, require the following information concerning the person who is the subject of the psychiatric advance directive:
(i)  The person's name, date of birth and sex;
(ii)  The person's eye and hair color;
(iii)  The person's race or ethnic background;
(iv)  The person's social security number;
(v)  If applicable, the name of a treatment program and the sponsoring facility or institution in which the person is enrolled;
(vi)  The name, address and telephone number of the person's attending physician or psychiatric personnel;
(vii)  The person's signature or mark or, if applicable, the signature of a person authorized by this article to execute a psychiatric advance directive;
(viii)  The date on which the psychiatric advance directive was signed;
(ix)  The person's directive concerning the administration or refusal of psychiatric restabilization measures, countersigned by the person's attending physician or psychiatric personnel;
(x)  The name, address and telephone number of the person designated as an agent, if applicable, to consent to or refuse psychiatric restabilization measures for the person who has executed a psychiatric advance directive and the signature of that person, indicating acceptance of this appointment.
3522304.  Duty to comply; immunity; effect on criminal charges against another person.
(a)  Emergency medical service personnel in emergency situations if they are aware of the person's psychiatric advance directive, psychiatric personnel, health care providers and health care facilities shall comply with a person's psychiatric advance directive to the extent medically indicated.
(b)  Any emergency medical service personnel, psychiatric personnel, health care provider, health care facility or any other person who, reasonably and in good faith, complies with a psychiatric advance directive shall not be subject to civil or criminal liability or regulatory sanction for such compliance.
(c)  Compliance by emergency medical service personnel, psychiatric personnel, health care providers or health care facilities with a psychiatric advance directive shall not affect the criminal prosecution of any person otherwise charged with the commission of a criminal act.
(d)  In the absence of a psychiatric advance directive, a person's consent to psychiatric restabilization measures shall not be presumed.
3522305.  Effect of declaration after inpatient admission.
A psychiatric advance directive for any person who is admitted to a health care facility or mental health facility shall be implemented as directed by the psychiatric advance directive, pending further physician's orders. The psychiatric advance directive may be deviated from only with the consent of the admitted person, his agent, the district court or when adherence to the directive threatens permanent physical injury.
3522306.  Effect of directive on life or health insurance.
Neither a psychiatric advance directive nor the failure of a person to execute one shall affect, impair or modify any contract of life or health insurance or annuity or be the basis for any delay in issuing or refusing to issue an annuity or policy of life or health insurance or any increase of a premium thereof.
3522307.  Revocation of psychiatric advance directive.
A psychiatric advance directive may be revoked at any time by the person who is the subject of the directive unless he is mentally incompetent or at any time by any other person who is, pursuant to the laws of this state or any other state, authorized to consent to or refuse psychiatric restabilization measures on behalf of the person who is the subject of the directive.
3522308.  Duration of psychiatric advance directive.
A psychiatric advance directive shall be valid for a period not to exceed two (2) years from the date of execution unless reaffirmed by the person who executed the directive, in which case it shall be valid for two (2) years from the date of reaffirmation.
ARTICLE 4

WYOMING HEALTH CARE DECISIONS ACT


3522401.  Short title.
This act may be cited as the "Wyoming Health Care Decisions Act."
3522402.  Definitions.
(a)  As used in this act:
(i)  "Advance health care directive" means an individual instruction or a power of attorney for health care, or both;
(ii)  "Agent" means an individual designated in a power of attorney for health care to make a health care decision for the individual granting the power;
(iii)  "Artificial nutrition and hydration" means supplying food and water through a conduit, such as a tube or an intravenous line where the recipient is not required to chew or swallow voluntarily, including, but not limited to, nasogastric tubes, gastrostomies, jejunostomies and intravenous infusions. Artificial nutrition and hydration does not include assisted feeding, such as spoon or bottle feeding;
(iv)  "Capacity" means an individual's ability to understand the significant benefits, risks and alternatives to proposed health care and to make and communicate a health care decision;
(v)  "Community care facility" means a public or private facility responsible for the day-to-day care of persons with disabilities;
(vi)  "Emancipated minor" means a minor who has become emancipated as provided in W.S. 141201 through 141206;
(vii)  "Guardian" means a judicially appointed guardian or conservator having authority to make a health care decision for an individual;
(viii)  "Health care" means any care, treatment, service or procedure to maintain, diagnose or otherwise affect an individual's physical or mental condition;
(ix)  "Health care decision" means a decision made by an individual or the individual's agent, guardian, or surrogate, regarding the individual's health care, including:
(A)  Selection and discharge of health care providers and institutions;
(B)  Approval or disapproval of diagnostic tests, surgical procedures, programs of medication and orders not to resuscitate; and
(C)  Directions to provide, withhold or withdraw artificial nutrition and hydration and all other forms of health care.
(x)  "Health care institution" means an institution, facility or agency licensed, certified or otherwise authorized or permitted by law to provide health care in the ordinary course of business;
(xi)  "Individual instruction" means an individual's direction concerning a health care decision for the individual;
(xii)  "Physician" means an individual authorized to practice medicine under the Wyoming Medical Practice Act;
(xiii)  "Power of attorney for health care" means the designation of an agent to make health care decisions for the individual granting the power;
(xiv)  "Primary health care provider" means any person licensed under the Wyoming statutes practicing within the scope of that license as a licensed physician, licensed physician's assistant or licensed advanced practice registered nurse and who is designated by an individual or the individual's agent, guardian or surrogate to have primary responsibility for the individual's health care or, in the absence of a designation or if the designated provider is not reasonably available, a provider who undertakes the responsibility;
(xv)  "Primary physician" means a physician designated by an individual or the individual's agent, guardian or surrogate, to have primary responsibility for the individual's health care or, in the absence of a designation or if the designated physician is not reasonably available, a physician who undertakes the responsibility;
(xvi)  "Reasonably available" means able to be contacted with a level of diligence appropriate to the seriousness and urgency of a patient's health care needs and willing and able to act in a timely manner considering the urgency of the patient's health care needs;
(xvii)  "Residential care facility" means a public or private facility providing for the residential and health care needs of the elderly or persons with disabilities or chronic mental illness;
(xviii)  "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a territory or insular possession subject to the jurisdiction of the United States;
(xix)  Repealed By Laws 2007, Ch. 61, § 2.
(xx)  "Surrogate" means an adult individual or individuals who:
(A)  Have capacity;
(B)  Are reasonably available;
(C)  Are willing to make health care decisions, including decisions to initiate, refuse to initiate, continue or discontinue the use of a life sustaining procedure on behalf of a patient who lacks capacity; and
(D)  Are identified by the primary health care provider in accordance with this act as the person or persons who are to make those decisions in accordance with this act.
(xxi)  "This act" means W.S. 3522401 through 3522416.
3522403.  Advance health care directives.
(a)  An adult or emancipated minor may give an individual instruction. The instruction may be oral or written. The instruction may be limited to take effect only if a specified condition arises.
(b)  An adult or emancipated minor may execute a power of attorney for health care, which may authorize the agent to make any health care decision the principal could have made while having capacity. The power must be in writing and signed by the principal or by another person in the principal's presence and at the principal's expressed direction. The power remains in effect notwithstanding the principal's later incapacity and may include individual instructions. Unless related to the principal by blood, marriage or adoption, an agent may not be an owner, operator or employee of a residential or community care facility at which the principal is receiving care. The durable power of attorney must be acknowledged before a notarial officer or must be signed by at least two (2) witnesses, each of whom witnessed either the signing of the instrument by the principal or the principal's acknowledgement of the signature or of the instrument, each witness making the following declaration in substance:
I declare under penalty of perjury under the laws of Wyoming that the person who signed or acknowledged this document is known to me to be the principal, and the principal signed or acknowledged this document in my presence.
(c)  None of the following shall be used as a witness for a power of attorney for health care:
(i)  A treating health care provider or employee of the provider;
(ii)  The attorney-in-fact nominated in the writing;
(iii)  The operator of a community care facility or employee of the operator or facility;
(iv)  The operator of a residential care facility or employee of the operator or facility.
(d)  Unless otherwise specified in a power of attorney for health care, the authority of an agent becomes effective only upon a determination that the principal lacks capacity, and ceases to be effective upon a determination that the principal has recovered capacity.
(e)  Unless otherwise specified in a written advance health care directive, a determination that an individual lacks or has recovered capacity, or that another condition exists that affects an individual instruction or the authority of an agent, shall be made by the primary physician, but the treating primary health care provider may make the decision if the primary physician is unavailable.
(f)  An agent shall make a health care decision in accordance with the principal's advance health care directive and other wishes to the extent known to the agent. Otherwise, the agent shall make the decision in accordance with the agent's determination of the principal's best interest. In determining the principal's best interest, the agent shall consider the principal's personal values to the extent known to the agent.
(g)  A health care decision made by an agent for a principal is effective without judicial approval.
(h)  A written advance health care directive may include the individual's nomination of a guardian of the person.
(j)  An advance health care directive is valid for purposes of this act if it complied with the applicable law at the time of execution or communication.
3522404.  Revocation of advance health care directive.
(a)  An individual with capacity may revoke the designation of an agent only by a signed writing.
(b)  An individual with capacity may revoke all or part of an advance health care directive, other than the designation of an agent, at any time and in any manner that communicates an intention to revoke. Any oral revocation shall, as soon as possible after the revocation, be documented in a writing signed and dated by the individual or a witness to the revocation.
(c)  A health care provider, agent, guardian or surrogate who is informed of a revocation shall promptly communicate the fact of the revocation to the primary health care provider and to any health care institution at which the patient is receiving care.
(d)  A decree of annulment, divorce, dissolution of marriage or legal separation revokes a previous designation of a spouse as agent unless otherwise specified in the decree or in a power of attorney for health care.
(e)  An advance health care directive that conflicts with an earlier advance health care directive revokes the earlier directive to the extent of the conflict.

Download 2.51 Mb.

Share with your friends:
1   ...   56   57   58   59   60   61   62   63   64



The database is protected by copyright ©ininet.org 2024
send message
    Main page
supreme court
american college
state department
attorney general
district court
state treasurer
time specified
authority granted
free exercise
final judgment
same shall
following powers