A. An individual of sound mind and eighteen (18) years of age or older may execute at any time an advance directive for health care governing the provision, withholding, or withdrawal of life-sustaining treatment. The advance directive shall be signed by the declarant and witnessed by two individuals who are eighteen (18) years of age or older who are not legatees, devisees, or heirs at law.
B. An advance directive that is not in the form set forth in subsection C of this section and that is executed in Oklahoma shall not be deemed to authorize the withholding or withdrawal of artificially administered nutrition and/or hydration unless it specifically authorizes the withholding or withdrawal of artificially administered nutrition and/or hydration in the declarant’s own words or by a separate section, separate paragraph, or other separate subdivision that deals only with nutrition and/or hydration and which section, paragraph, or other subdivision is separately initialed, separately signed, or otherwise separately marked by the declarant.
C. An advance directive may be in substantially the following form:
Advance Directive for Health Care
If I am incapable of making an informed decision regarding my health care, I direct my health care providers to follow my instructions below.
I. Living Will
____I direct that my life not be extended by
life-sustaining treatment, except that if I
wish to receive artificially administered
nutrition and hydration.
Initial only ____I direct that my life not be extended by
one optionlife-sustaining treatment, including
artificially administered nutrition and
hydration.
____I direct that I be given life-sustaining
treatment and, if I am unable to take food
and water by mouth, I wish to receive
artificially administered nutrition and
hydration.
_____ See my more specific instructions in paragraph (4) below.
(Initial if applicable)
_____ See my more specific instructions in paragraph (4) below.
(Initial if applicable)
_____ See my more specific instructions in paragraph (4) below.
(Initial if applicable)
_______
Initial
II. My Appointment of My Health Care Proxy
If my attending physician and another physician determine that I am no longer able to make decisions regarding my medical treatment, I direct my attending physician and other health care providers pursuant to the Oklahoma Advance Directive Act to follow the instructions of _______________, whom I appoint as my health care proxy. If my health care proxy is unable or unwilling to serve, I appoint ______________ as my alternate health care proxy with the same authority. My health care proxy is authorized to make whatever medical treatment decisions I could make if I were able, except that decisions regarding life-sustaining treatment and artificially administered nutrition and hydration can be made by my health care proxy or alternate health care proxy only as I have indicated in the foregoing sections.
If I fail to designate a health care proxy in this section, I am deliberately declining to designate a health care proxy.
III. Anatomical Gifts
Pursuant to the provisions of the Uniform Anatomical Gift Act, I direct that at the time of my death my entire body or designated body organs or body parts be donated for purposes of:
(Initial all that apply)
_____ transplantation
_____ therapy
_____ advancement of medical science, research, or education
_____ advancement of dental science, research, or education
Death means either irreversible cessation of circulatory and respiratory functions or irreversible cessation of all functions of the entire brain, including the brain stem. If I initial the “yes” line below, I specifically donate:
_____ The following body organs or parts:
_____ pancreas _____ heart
_____ kidneys _____ brain
_____ skin _____ bones/marrow
_____ blood/fluids _____ tissue
_____ arteries _____ eyes/cornea/lens
IV. General Provisions
___________________________________
(Signature)
County, Oklahoma
___________________________________
Date of birth
_______________________________________
(Optional for identification purposes)
___________________________________
Witness
___________________________, Oklahoma
Residence
___________________________________
Witness
___________________________, Oklahoma
Residence
D. A physician or other health care provider who is furnished the original or a photocopy of the advance directive shall make it a part of the declarant's medical record and, if unwilling to comply with the advance directive, promptly so advise the declarant.
E. In the case of a qualified patient, the patient's health care proxy, in consultation with the attending physician, shall have the authority to make treatment decisions for the patient including the provision, withholding, or withdrawal of life-sustaining procedures if so indicated in the patient's advance directive.
F. A person executing an advance directive appointing a health care proxy who may not have an attending physician for reasons based on established religious beliefs or tenets may designate an individual other than the designated health care proxy, in lieu of an attending physician and other physician, to determine the lack of decisional capacity of the person. Such designation shall be specified and included as part of the advance directive executed pursuant to the provisions of this section.
Added by Laws 1992, c. 114, § 4, eff. Sept. 1, 1992. Amended by Laws 1995, c. 99, § 1, eff. Nov. 1, 1995; Laws 2003, c. 270, § 1, eff. Nov. 1, 2003; Laws 2004, c. 166, § 1, eff. Nov. 1, 2004; Laws 2006, c. 171, § 6, emerg. eff. May 17, 2006.