Health care organizations required to have written policies and procedures on providing information on patient’s right to make health care decisions.

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(a) Delivering to the individual the following information and materials, in written form, without recommendation:

(A) Information on the rights of the individual under the laws of this state to make health care decisions, including the right to accept or refuse medical or surgical treatment and the right to execute an advance directive or a form appointing a health care representative;

(B) Information on the policies of the health care organization with respect to the implementation of the rights of the individual under the laws of this state to make health care decisions;

(C) Materials necessary to execute an advance directive or a form appointing a health care representative; and

(D) The name of a person who can provide additional information concerning advance directives and forms appointing a health care representative.

(b) Documenting in a prominent place in the individual’s medical record whether the individual has executed an advance directive or a form appointing a health care representative.

(c) Ensuring compliance by the health care organization with the laws of this state governing advance directives and forms appointing a health care representative.

(d) Educating the staff and the community on issues relating to advance directives and forms appointing a health care representative.

(2) A health care organization does not need to deliver materials described in subsection (1)(a)(C) of this section if the health care organization has reason to believe that the individual has received materials described in subsection (1)(a)(C) of this section during the preceding 12-month period or has previously executed an advance directive or a form appointing a health care representative. [1991 c.761 §2; 1993 c.767 §26; 2018 c.36 §21]


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