As Amended
SEC. 41-41-173. Immunity of health care provider; conditions.
(1) A health care provider is not subject to criminal prosecution, civil liability or professional disciplinary action if the health care provider relies on a health care decision and both of the following requirements are satisfied:
(a) The decision is made by an attorney in fact who the health care provider believes in good faith is authorized under Sections 41-41-151 through 41-41-183 to make the decision;
(b) The health care provider believes in good faith that the decision is not inconsistent with the desires of the principal as expressed in the durable power of attorney or otherwise made known to the health care provider, and, if the decision is to withhold or withdraw health care necessary to keep the principal alive, the health care provider has made a good faith effort to determine the desires of the principal to the extent that the principal is able to convey these desires to the health care provider, and the results of the effort are made a part of the principal's medical records.
(2) Notwithstanding the health care decision of the attorney in fact, the health care provider is not subject to criminal prosecution, civil liability or professional disciplinary action for failing to withdraw health care necessary to keep the principal alive.
SOURCES: Laws, 1990, ch. 571, Sec. 12, eff from and after July 1, 1990.