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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§ 5443. When living will operative.
(a)
When operative. -- A living will becomes operative when:
(1) a copy is provided to the attending physician; and
(2) the principal is determined by the attending physician to be incompetent and to have an end-stage medical condition or to be permanently unconscious.
(b)
Compliance. -- When a living will becomes operative, the attending physician and other health care providers shall act in accordance with its provisions or comply with the transfer provisions of
section 5424 (relating to compliance).
(c)
Invalidity of specific direction. -- If a specific direction in a living will is held to be invalid, the invalidity does not negate other directions in the living will that can be effected without the invalid direction.
(d)
Medical record. -- Any health care provider to whom a copy of a living will is furnished shall make it a part of the medical record of the principal and, if unwilling to comply with the living will, promptly so advise the principal, or the principal's health care agent or representative.
(e)
Duration. -- Unless a living will states a time of termination, it is valid until revoked by the principal, notwithstanding the lapse of time since its execution.
(f)
Absence of living will. -- If an individual does not make a living will, a presumption does not arise regarding the intent of the individual to consent to or to refuse the initiation, continuation, withholding or withdrawal of life-sustaining treatment.
(g)
Duty of physician to certify end-stage medical condition. -- Promptly, after a determination that the principal has an end-stage medical condition or is permanently unconscious, the attending physician shall certify in writing that the principal has an end-stage medical condition or is permanently unconscious.