75-2a-110.   Surrogate decision making -- Scope of authority.
     (1) A surrogate acting under the authority of either Section 75-2a-107 or 75-2a-108 shall make health care decisions in accordance with:
     (a) the adult's current preferences, to the extent possible;
     (b) the adult's written or oral health care directions, if any; or
     (c) the substituted judgment standard.
     (2) A surrogate acting under authority of Sections 75-2a-107 and 75-2a-108:
     (a) may not admit the adult to a licensed health care facility for long-term custodial placement other than for assessment, rehabilitative, or respite care over the objection of the adult; and
     (b) may make health care decisions, including decisions to terminate life sustaining treatment for the adult patient in accordance with Subsection (1).
     (3) A surrogate acting under authority of this section is not subject to civil or criminal liability or claims of unprofessional conduct for surrogate health care decisions made:
     (a) in accordance with this section; and
     (b) in good faith.

Amended by Chapter 107, 2008 General Session
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Last revised: Wednesday, October 08, 2008