50-5-1304. Appointment of certain health care providers as medical proxy decisionmaker -- limitations -- termination. (1) An attending health care provider may designate another willing physician or advanced practice registered nurse to make health care treatment decisions as a patient's proxy decisionmaker if:

(a) after making reasonable efforts, the attending health care provider or the provider's designee is unable to locate any persons with authority to make medical decisions for the patient or no interested person with authority to make medical decisions for the patient is willing and able to serve as lay proxy decisionmaker;

(b) the attending health care provider has determined, with the assistance of any relevant specialists or interpreters, the patient's lack of decisional capacity;

(c) the attending health care provider's assessment of lack of decisional capacity has been confirmed by another health care provider;

(d) the attending health care provider or the provider's designee has consulted with and obtained a consensus on the proxy designation with the medical ethics committee of the health care facility where the patient is receiving care; and

(e) the identity of the physician or advanced practice registered nurse designated as proxy decisionmaker is documented in the medical record.

(2) For the purposes of subsection (1)(d), if the health care facility does not have a medical ethics committee, the facility may refer the attending health care provider or the provider's designee to a medical ethics committee at another health care facility or obtain consensus with the health care facility's chaplain.

(3) The authority of a physician or advanced practice registered nurse serving as a proxy decisionmaker terminates when:

(a) an interested person is willing to serve as a lay proxy decisionmaker;

(b) a family member is willing to serve as a decisionmaker;

(c) a guardian is appointed for the patient;

(d) the patient regains decisional capacity;

(e) the proxy decisionmaker decides to terminate the decisionmaker's role; or

(f) the patient is transferred or discharged from the health care facility, if any, where the patient is receiving care unless the proxy decisionmaker expresses an intention to continue in the role.

(4) The attending health care provider shall document in the patient's medical record the reason for termination of the authority of a physician or advanced practice registered nurse serving as a proxy decisionmaker.

History: En. Sec. 4, Ch. 285, L. 2017.