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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§ 5424. Compliance.

(a) Notification by attending physician or health care provider. -- If an attending physician or other health care provider cannot in good conscience comply with a living will or health care decision of a health care agent or health care representative or if the policies of a health care provider preclude compliance with a living will or health care decision of a health care agent or health care representative, the attending physician or health care provider shall so inform the principal, if the principal is competent, or the principal's health care agent or health care representative, if the principal is incompetent.

(b) Transfer. -- The attending physician or health care provider under subsection (a) shall make every reasonable effort to assist in the transfer of the principal to another physician or health care provider who will comply with the living will or health care decision of the health care agent or health care representative.

(c) Employee or staff member of health care provider. --

(1) An employee or a staff member of a health care provider may not be required to participate in the withholding or withdrawal of life-sustaining treatment.

(2) A health care provider that is an employer may not discharge or in any other manner discriminate against its employee or staff member as a result of informing the employer of the employee's choice not to participate in the withholding or withdrawal of life-sustaining treatment.

(3) A health care provider that is an employer may require its employee or staff member to express in writing the wishes or unwillingness of the employee or staff member as set forth in this subsection.

(d) Liability.-- If transfer under subsection (b) is impossible, the provision of life-sustaining treatment to a principal may not subject an attending physician or a health care provider to criminal or civil liability or administrative sanction for failure to carry out either the provisions of a living will or a health care decision of a health care agent or health care representative.