Article 1 in general 351101. Local contributions; disposition


22405.  Repealed By Laws 2007, Ch. 61, § 2



Download 2.51 Mb.
Page60/64
Date29.01.2017
Size2.51 Mb.
#12377
1   ...   56   57   58   59   60   61   62   63   64

3522405.  Repealed By Laws 2007, Ch. 61, § 2.
3522406.  Decisions by surrogate.
(a)  If a valid advance health care directive does not exist, a surrogate may make a health care decision for a patient who is an adult or emancipated minor if the patient has been determined by the primary physician or the primary health care provider to lack capacity and no agent or guardian has been appointed or the agent or guardian is not reasonably available.
(b)  An adult or emancipated minor may designate any individual to act as surrogate by personally informing the primary health care provider. In the absence of a designation, or if the designee is not reasonably available, it is suggested that any member of the following classes of the patient's family who is reasonably available, in descending order of priority, may act as surrogate:
(i)  The spouse, unless legally separated;
(ii)  An adult child;
(iii)  A parent;
(iv)  A grandparent;
(v)  An adult brother or sister;
(vi)  An adult grandchild.
(c)  If none of the individuals eligible to act as surrogate under subsection (b) of this section is reasonably available, an adult who has exhibited special care and concern for the patient, who is familiar with the patient's personal values, and who is reasonably available may act as surrogate.
(d)  A surrogate shall communicate his assumption of authority as promptly as practicable to the members of the patient's family specified in subsection (b) of this section who can be readily contacted.
(e)  If more than one (1) member of a class assumes authority to act as surrogate, and the other members of the class do not agree on a health care decision and the primary health care provider is so informed, the primary health care provider shall comply with the decision of a majority of the members of that class who have communicated their views to the provider.
(f)  A surrogate shall make a health care decision in accordance with the patient's individual instructions, if any, and other wishes to the extent known to the surrogate. Otherwise, the surrogate shall make the decision in accordance with the surrogate's determination of the patient's best interest. In determining the patient's best interest, the surrogate shall consider the patient's personal, philosophical, religious and ethical values to the extent known to the surrogate and reliable oral or written statements previously made by the patient, including, but not limited to, statements made to family members, friends, health care providers or religious leaders.
(g)  A health care decision made by a surrogate for a patient is effective without judicial approval.
(h)  The patient at any time may disqualify another, including a member of the individual's family, from acting as the individual's surrogate by a signed writing or by personally informing the primary health care provider of the disqualification.
(j)  Unless related to the patient by blood, marriage or adoption, a surrogate may not be an owner, operator or employee of a residential or community care facility at which the patient is receiving care.
(k)  A primary health care provider may require an individual claiming the right to act as surrogate for a patient to provide a written declaration under penalty of perjury stating facts and circumstances reasonably sufficient to establish the claimed authority.
3522407.  Decisions by guardian.
(a)  Repealed By Laws 2007, Ch. 61, § 2.
(b)  Absent a court order to the contrary, a health care decision of an agent takes precedence over that of a guardian.
(c)  Repealed By Laws 2007, Ch. 61, § 2.
(d)  Repealed By Laws 2007, Ch. 61, § 2.
(e)  A guardian's authority to make health care decisions for the ward shall be as provided in W.S. 32201(a)(iii), subject to the restrictions in W.S. 32202 and 3522407(b).
3522408.  Obligations of health care provider.
(a)  Before implementing a health care decision made for a patient who is able to comprehend, a primary health care provider shall promptly communicate to the patient the decision made and may communicate the identity of the person making the decision.
(b)  A primary health care provider who knows of the existence of an advance health care directive, a revocation of an advance health care directive, or a designation or disqualification of a surrogate, shall promptly record its existence in the patient's health care record and, if it is in writing, shall request a copy and if one is furnished shall arrange for its maintenance in the health care record.
(c)  The primary physician who makes or is informed of a determination that a patient lacks or has recovered capacity, or that another condition exists which affects an individual instruction or the authority of an agent, guardian or surrogate, shall promptly record the determination in the patient's health care record and communicate the determination to the patient, if possible, and to any person then authorized to make health care decisions for the patient.
(d)  Except as provided in subsections (e) and (f) of this section, a health care provider or institution providing care to a patient shall:
(i)  Comply with an individual instruction of the patient and with a reasonable interpretation of that instruction made by a person then authorized to make health care decisions for the patient; and
(ii)  Comply with a health care decision for the patient made by a person then authorized to make health care decisions for the patient to the same extent as if the decision had been made by the patient while having capacity.
(e)  A health care provider may decline to comply with an individual instruction or health care decision for reasons of conscience. A health care institution may decline to comply with an individual instruction or health care decision if the instruction or decision is contrary to a written policy of the institution which is expressly based on reasons of conscience and if the policy was timely communicated to the patient or to a person then authorized to make health care decisions for the patient. The institution shall deliver the written policy upon receipt of the patient's advance directive that may conflict with the policy or upon notice from the primary health care provider that the patient's instruction or decision may be in conflict with the health care institution's policy.
(f)  A health care provider or institution may decline to comply with an individual instruction or health care decision that requires medically ineffective health care or health care contrary to generally accepted health care standards applicable to the health care provider or institution.
(g)  A health care provider or institution that declines to comply with an individual instruction or health care decision shall:
(i)  Promptly so inform the patient, if possible, and any person then authorized to make health care decisions for the patient;
(ii)  Provide continuing care, including continuing life sustaining care, to the patient until a transfer can be effected; and
(iii)  Unless the patient or person then authorized to make health care decisions for the patient refuses assistance, immediately make all reasonable efforts to assist in the transfer of the patient to another health care provider or institution that is willing to comply with the instruction or decision.
(h)  A health care provider or institution may not require or prohibit the execution or revocation of an advance health care directive as a condition for providing health care.
3522409.  Health care information.
Unless otherwise specified in an advance health care directive, a person then authorized to make health care decisions for a patient has the same rights as the patient to request, receive, examine, copy and consent to the disclosure of medical or any other health care information.
3522410.  Immunities.
(a)  A health care provider or institution acting in good faith and in accordance with generally accepted health care standards applicable to the health care provider or institution is not subject to civil or criminal liability or to discipline for:
(i)  Complying with a health care decision of a person apparently having authority to make a health care decision for a patient, including a decision to withhold or withdraw health care;
(ii)  Declining to comply with a health care decision of a person based on a belief that the person then lacked authority;
(iii)  Complying with an advance health care directive and assuming that the directive was valid when made and has not been revoked or terminated;
(iv)  Providing life-sustaining treatment in an emergency situation when the existence of a health care directive is unknown; or
(v)  Declining to comply with a health care decision or advance health care directive because the instruction is contrary to the conscience or good faith medical judgment of the health care provider, or the written policies of the institution.
(b)  An individual acting in good faith as agent or surrogate under this act is not subject to civil liability or criminal prosecution or to discipline by a licensing board for unprofessional conduct for health care decisions made in good faith.
3522411.  Statutory damages.
(a)  A health care provider or institution that violates this act willfully or with reckless disregard of the patient's instruction or health care decision is subject to liability to the aggrieved individual for damages of five hundred dollars ($500.00) or actual damages resulting from the violation, whichever is greater, plus reasonable attorney's fees.
(b)  A person who intentionally falsifies, forges, conceals, defaces or obliterates an individual's advance health care directive or a revocation of an advance health care directive without the individual's consent, or who coerces or fraudulently induces an individual to give, revoke or not to give an advance health care directive, is subject to liability to that individual for damages of two thousand five hundred dollars ($2,500.00) or actual damages resulting from the action, whichever is greater, plus reasonable attorney's fees.
3522412.  Capacity.
(a)  This act does not affect the right of an individual to make health care decisions while having capacity to do so.
(b)  An individual is presumed to have capacity to make a health care decision, to give or revoke an advance health care directive, and to designate or disqualify a surrogate unless the primary physician has certified in writing that the patient lacks such capacity.
3522413.  Effect of copy.
A copy of a written advance health care directive, revocation of an advance health care directive, or designation or disqualification of a surrogate has the same effect as the original.
3522414.  Effect of act.
(a)  This act does not create a presumption concerning the intention of an individual who has not made or who has revoked an advance health care directive.
(b)  Death resulting from the withholding or withdrawal of health care in accordance with this act does not for any purpose constitute a suicide or homicide or legally impair or invalidate a policy of insurance or an annuity providing a death benefit, notwithstanding any term of the policy or annuity to the contrary.
(c)  This act does not authorize mercy killing, assisted suicide, euthanasia or the provision, withholding or withdrawal of health care, to the extent prohibited by other statutes of this state.
(d)  This act does not authorize or require a health care provider or institution to provide health care contrary to generally accepted health care standards applicable to the health care provider or institution.
(e)  This act does not affect other statutes of this state governing treatment for mental illness of an individual involuntarily committed to a mental health care institution pursuant to law or a psychiatric advance directive executed in accordance with W.S. 3522301 through 3522308.
(f)  Any cardiopulmonary resuscitation directives developed under W.S. 3522201 through 3522208 shall remain in effect unless specifically revoked by the advance health care directive.
3522415.  Judicial relief.
On petition of a patient, the patient's agent, guardian or surrogate, a health care provider or institution involved with the patient's care, or an individual described in W.S. 3522406(b) or (c) the district court may enjoin or direct a health care decision or order other equitable relief. A proceeding under this section is governed by the Wyoming Rules of Civil Procedure.
3522416.  Uniformity of application and construction.
This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject matter of this act among states enacting it.
ARTICLE 5

PROVIDER ORDERS FOR LIFE SUSTAINING TREATMENT PROGRAM ACT


3522501.  Short title.
This article shall be known and may be cited as the "Provider Orders for Life Sustaining Treatment Program Act."
3522502.  POLST program.
(a)  The provider orders for life sustaining treatment (POLST) program is a process of evaluation and communication between a patient, or the patient's agent, guardian or surrogate, and health care professionals in order to:
(i)  Ensure that health care providers understand the desires of the patient, or the patient’s agent, guardian or surrogate, regarding medical treatment as the patient nears the end of life;
(ii)  Convert the patient's goals and preferences for care into a set of medical orders on a POLST form that is portable across care settings to be complied with by all health professionals; and
(iii)  Provide the patient and the patient's agent, guardian or surrogate, if any, with a copy of the completed POLST form.
(b)  Unless otherwise provided in this article, terms in this article shall have the same meaning as in the Wyoming Health Care Decisions Act.
3522503.  POLST form; who may execute.
(a)  Any adult who has the capacity to provide informed consent to, or refusal of, medical treatment may execute a POLST form.
(b)  Any adult authorized pursuant to the laws of this state or any other state to make medical treatment decisions on behalf of a person who lacks capacity may execute a POLST form on behalf of that person.
(c)  If a patient who lacks capacity has not executed a valid advance directive or a valid POLST form, a surrogate may execute a POLST form on behalf of the patient as provided in W.S. 3522406. If a valid advance directive or POLST form executed by the patient forbids changes by a surrogate, a surrogate shall not execute or change a POLST form on behalf of the patient.
(d)  An individual acting in good faith as agent, guardian or surrogate under this act shall not be subject to civil liability or criminal prosecution for executing a POLST form as provided in this act on behalf of a patient who lacks capacity.
(e)  If medical orders on a POLST form relate to a minor and direct that life sustaining treatment be withheld from the minor, the order shall include a certification by two (2) health care providers that, in their clinical judgment, an order to withhold treatment is in the best interest of the minor.
3522504.  POLST forms; department of health duties.
(a)  The department of health shall promulgate rules implementing this act and prescribing a standardized POLST form, subject to the following:
(i)  The rules shall contain protocols for the implementation of a standardized POLST form, which shall be available in electronic format on the department website for downloading by patients and providers;
(ii)  The department in formulating rules and forms shall consult with health care professional licensing groups, provider advocacy groups, patient advocacy groups, medical ethicists and other appropriate stakeholders;
(iii)  To the extent possible, the standardized POLST form and protocols shall be consistent with use across all health care settings, shall reflect nationally recognized standards for endoflife care and shall include:
(A)  The patient's directive concerning the administration of life sustaining treatment;
(B)  The dated signature of the patient or, if applicable, the patient's agent, guardian or surrogate;
(C)  The name, address and telephone number of the patient's primary health care provider;
(D)  The dated signature of the primary health care provider entering medical orders on the POLST form, who certifies that the signing provider discussed the patient's care goals and preferences with the patient or the patient's agent, guardian or surrogate.
(b)  The department in implementing this article shall:
(i)  Recommend a uniform method of identifying persons who have executed a POLST form and providing health care providers with contact information of the person's primary health care provider;
(ii)  Oversee the education of health care providers regarding the POLST program under the department's licensing authority;
(iii)  Develop a process for collecting provider feedback to enable periodic redesign of the POLST form in accordance with current health care practice;
(iv)  Adopt a plan to convert the cardiopulmonary resuscitation directive program under W.S. 3522203 to a POLST program by January 1, 2016.
3522505.  Duty to comply with POLST form; immunity, effect on criminal charges against another person.
(a)  Emergency medical service personnel, health care providers and health care facilities, absent actual notice of revocation or termination of a POLST form, shall comply with the orders on a person's POLST form. Any emergency medical service personnel, health care provider or health care facility or any other person who, in good faith and in accordance with generally accepted health care standards applicable to the health care professional or institution, complies with orders on a POLST form shall not be subject to civil liability, criminal prosecution, regulatory sanction or discipline for unprofessional conduct.
(b)  Compliance by emergency medical service personnel, health care providers or health care facilities with orders on a POLST form shall not affect the criminal prosecution of any person otherwise charged with the commission of a criminal act.
(c)  In the absence of a valid POLST form, other provider orders documented in a medical record or an advance health care directive available to the treating provider, an individual's consent to life sustaining treatment shall be presumed.
(d)  A POLST form from another state, absent actual notice of revocation or termination, shall be presumed to be valid and shall be effective in this state.
(e)  Emergency medical service personnel, health care providers and health care facilities shall comply with the orders on a POLST form without regard to whether the ordering provider is on the medical staff of the treating health care facility.
(f)  If a patient whose goals and preferences for care have been entered on a valid POLST form is transferred from one (1) health care facility to another, the health care facility initiating the transfer shall communicate the existence of the POLST form to the receiving facility prior to the transfer. The POLST form shall accompany the individual to the receiving facility and shall remain in effect. The POLST form shall be reviewed by the treating health care professional and made into a medical order at the receiving facility unless the POLST form is replaced or voided as provided in this article.
(g)  To the extent that the orders on a POLST form described in this section conflict with the provisions of an advance directive made under W.S. 3522403, the most recent of those documents signed by the patient takes precedence.
3522506.  POLST form not a prerequisite for services.
Facilities or providers shall not require a person to complete a POLST form as a prerequisite or condition for the provision of services or treatment.
3522507.  Presence or absence of POLST form; effect on life or health insurance.
An individual's execution of or refusal or failure to execute a POLST form shall not affect, impair or modify any contract of life or health insurance or annuity to which the individual is a party, shall not be the basis for any delay in issuing or refusing to issue an annuity or policy of life or health insurance and shall not be the basis for any increase or decrease in premium charged to the individual.
3522508.  Revocation of POLST form.
(a)  An individual's consent to all or part of a POLST form may be revoked at any time and in any manner that communicates the individual's intent 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.
(b)  An agent, guardian or surrogate who created a POLST form for a patient may revoke all or part of the POLST form at any time in writing signed by the agent, guardian or surrogate.
(c)  A health care professional, agent, guardian or surrogate who is informed of a revocation shall promptly communicate the fact of the revocation to the patient's primary care physician, the current supervising health care professional and any health care facility at which the patient is receiving care.
(d)  Upon revocation, the POLST form shall be void.
3522509.  Effect of act 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.
CHAPTER 23

MEDICATION AIDES


3523101.  Repealed by Laws 1991, ch. 158, § 1.
3523102.  Repealed by Laws 1991, ch. 158, § 1.
3523103.  Repealed by Laws 1991, ch. 158, § 1.
3523104.  Repealed by Laws 1991, ch. 158, § 1.
3523105.  Repealed by Laws 1991, ch. 158, § 1.
3523106.  Sunset.
W.S. 3523101 through 3523105 are repealed effective June 30, 1996.
3523107.  State health professional training enhancement program.
(a)  The department is authorized to provide education training opportunities for persons engaged in the health care professions who provide direct client care. The department may enter into agreements with individuals entering the program and attending an accredited university or community college program in a health care related field of study. The terms of the agreement shall include:
(i)  The department shall provide the person an educational assistance loan of up to six thousand dollars ($6,000.00) and up to onehalf (1/2) the monthly salary the person was earning at the time of entering an educational or training program acceptable to the department, for each year the person is satisfactorily enrolled in the educational or training program;
(ii)  Upon completion of the educational or training program, the person shall work for one (1) of the departments, institutions or health programs within the state for a period of two (2) years for each year of education or training during which the person received both an educational assistance loan and salary, or if the person only received the educational assistance loan the obligation would be one (1) year of state employment for each year of educational assistance;
(iii)  If the person fails to complete the educational or training program or fails to return to the employ of the state, he shall be required to immediately repay the educational assistance loan and any unearned salary provided by the department for attendance in the educational or training program;
(iv)  Any other provision the department deems necessary or appropriate to accomplish the purposes of the program.
(b)  The department is authorized to enter into agreements with health professionals who have completed a health care educational or training program from an accredited university or community college program to provide immediate relief for health professional position vacancies in the state. The terms of the agreement shall include:
(i)  The department will pay up to six thousand dollars ($6,000.00) in educational loan repayment for each year a person is employed by the department in an area where there is a shortage of health professionals;
(ii)  The person shall work for a minimum of three (3) years for the department under the agreement. Voluntary failure to complete the employment obligation will require the person to immediately repay any educational loan assistance made by the state on the person's behalf;
(iii)  Any other provision the department deems necessary or appropriate to accomplish the purposes of the program.
CHAPTER 24

HEALTH CARE COOPERATIVE ARRANGEMENTS FOR



ANTI-TRUST EXCEPTIONS

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