Relationship with advance directives

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  1. (a)

    1. (1) A physician order for life-sustaining treatment form is not intended to replace an advance directive.

    2. (2) In executing a physician order for life-sustaining treatment form, a patient, the legal representative of the patient when applicable, and the physician shall make a good-faith effort to locate and incorporate treatment preferences documented in a previously executed advance directive, when appropriate and desired by the patient.

  2. (b) In the event of a conflict with a physician order for life-sustaining treatment form and an advance directive, either:

    1. (1) The document executed most recently by the patient shall take precedence regarding the medical decision or treatment preference at issue; or

    2. (2) If both the advance directive and the physician order for life-sustaining treatment form were executed by the legal representative of the patient, the advance directive shall take precedence regarding the medical decision or treatment preference at issue.

  3. (c) This section does not prohibit or require the execution, revocation, or modification of an advance directive.


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