Following is a Section in an unofficial format derived from the final form of Senate Bill 628 of 2005, which was enacted by the Legislature and signed by the Governor into law on November 29, 2006 as Act 169 of 2006. This Section is provided for informational purposes only. You should check the official statutory form, and not rely solely on this counterpart. (See: Notice on Home page.)
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§ 5423. Legislative findings and intent.

(a) Intent. -- This chapter provides a statutory means for competent adults to control their health care through instructions written in advance or by health care agents or health care representatives and requested orders. Nothing in this chapter is intended to:

(1) affect or supersede the holdings of In Re Fiori, 3 PA. 592, 673 A.2d 905 (1996);

(2) condone, authorize or approve mercy killing, euthanasia or aided suicide;

(3) permit any affirmative or deliberate act or omission to end life other than as defined in this chapter.

(b) Presumption not created. -- This chapter does not create any presumption regarding the intent of an individual who has not executed an advance health care directive to consent to the use or withholding of life-sustaining treatment in the event of an end-stage medical condition or in the event the individual is permanently unconscious.

(c) Findings in general. -- The General Assembly finds that:

(1) Individuals have a qualified right to make decisions relating to their own health care.

(2) This right is subject to certain interests of society, such as the maintenance of ethical standards in the medical profession and the preservation and protection of human life.

(3) Modern medical technological procedures make possible the prolongation of human life beyond natural limits.

(4) The application of some procedures to an individual suffering a difficult and uncomfortable process of dying may cause loss of dignity and secure only continuation of a precarious and burdensome prolongation of life.

(5) It is in the best interest of individuals under the care of health care providers if health care providers initiate discussions with them regarding living wills and health care powers of attorney during initial consultations, annual examinations, at diagnosis of a chronic illness or when an individual under their care transfers from one health care setting to another, so that the individuals under their care may make known their wishes to receive, continue, discontinue or refuse medical treatment in the event that they are diagnosed with an end-stage medical condition or become permanently unconscious.

(6) Health care providers should initiate such discussions, including discussion of out-of-hospital do-not-resuscitate orders, with individuals under their care at the time of determination of an end-stage medical condition and should document such discussion in the individual's medical record.