H.P. 797 - L.D. 1120
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 18-A MRSA §5-801, sub-§(q), as enacted by PL 1995, c. 378, Pt. A, §1, is amended to read:
(q) "Surrogate" means an individual with capacity, other than a patient's agent or guardian, authorized under this Part to make a decision to withhold or withdraw life-sustaining treatment for a patient who does not have capacity and who is either in a terminal condition or in a persistent vegetative state health care decisions as provided in section 5-805.
Sec. 2. 18-A MRSA §5-805, sub-§(a), as enacted by PL 1995, c. 378, Pt. A, §1, is amended to read:
(a) A surrogate may make a decision to withhold or withdraw life-sustaining treatment for a patient who is an adult or emancipated minor if the patient has been determined by the primary physician to lack capacity, no agent or guardian has been appointed or the agent or guardian is not reasonably available and the patient is in a terminal condition or a persistent vegetative state as determined by the primary physician.
A surrogate also is authorized to make any other health care decision for a patient who is an adult or emancipated minor if the patient has been determined by the primary physician to lack capacity and no agent or guardian exists, except that a surrogate may not deny surgery, procedures or other interventions that are lifesaving and medically necessary.
A medically necessary procedure is one providing the most patient-appropriate intervention or procedure that can be safely and effectively given.
Sec. 3. 18-A MRSA §5-805, sub-§(b), (1-A) is enacted to read:
(1-A) An adult who shares an emotional, physical and financial relationship with the patient similar to that of a spouse;
Effective September 18, 1999, unless otherwise indicated.
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