Transfer of principal.

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(1) A health care provider or health care facility shall provide notice to a principal and an agent of any policies based on moral convictions or religious beliefs of the health care provider or health care facility relative to the withholding or withdrawal of medical treatment. Notice shall be provided, when reasonably possible, prior to the provision of medical treatment or prior to or upon the admission of the principal to the health care facility, or as soon as possible thereafter.

  1. A health care provider or health care facility shall provide for the prompt transfer ofthe principal to another health care provider or health care facility if such health care provider or health care facility wishes not to comply with an agent's medical treatment decision on the basis of policies based on moral convictions or religious beliefs.

  2. An agent may transfer the principal to the care of another health care provider orhealth care facility if an attending physician or health care facility does not wish to comply with an agent's decision for any reason other than those described in subsection (1) of this section.

  3. The transfer of a principal to another health care provider or health care facility inaccordance with the provisions of this section shall not constitute a violation of Title XIX of the federal "Social Security Act", 42 U.S.C., sec. 1395dd, regarding the transfer of patients.

  4. Nothing in this section shall relieve or exonerate an attending physician or healthcare facility from the duty to provide for the care and comfort of the principal pending transfer pursuant to this section.

Source: L. 92: Entire section added, p. 1979, § 2, effective June 4.


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