Effective 1/1/2026
75A-9-120 Duties of health care professional, responsible health care professional, and health care institution.
(1)A responsible health care professional who is aware that an individual has been found to lack capacity to make a decision shall make a reasonable effort to determine if the individual has a surrogate.
(2)If possible before implementing a health care decision made by a surrogate, a responsible health care professional as soon as reasonably feasible shall communicate to the individual the decision made and the identity of the surrogate.
(3)A responsible health care professional who makes or is informed of a finding that an individual lacks capacity to make a health care decision or no longer lacks capacity, or that other circumstances exist that affect a health care instruction or the authority of a surrogate, as soon as reasonably feasible, shall:
(a)document the finding or circumstance in the individual’s medical record; and
(b)if possible, communicate to the individual and the individual’s surrogate the finding or circumstance and that the individual may object under Subsection 75A-9-104(3) to the finding under Subsection 75A-9-103(2).
(4)A responsible health care professional who is informed that an individual has created or revoked an advance health care directive, or that a surrogate for an individual has been appointed, designated, or disqualified, shall:
(a)document the information as soon as reasonably feasible in the individual’s medical record; and
(b)if evidence of the directive, revocation, appointment, designation, or disqualification is in a record, request a copy and, on receipt, cause the copy to be included in the individual’s medical record.
(5)Except as provided in Subsections (6) and (7), a health care professional or health care institution providing health care to an individual shall comply with:
(a)a health care instruction given by the individual regarding the individual’s health care;
(b)a reasonable interpretation by the individual’s surrogate of an instruction given by the individual; and
(c)a health care decision for the individual made by the individual’s surrogate in accordance with Sections 75A-9-116 and 75A-9-117 to the same extent as if the decision had been made by the individual at a time when the individual had capacity.
(6)A health care professional or a health care institution may refuse to provide health care consistent with a health care instruction or health care decision if:
(a)the instruction or decision is contrary to a policy of the health care institution providing care to the individual that is based expressly on reasons of conscience and the policy was timely communicated to the individual or to the individual’s surrogate;
(b)the care would require health care that is not available to the professional or institution; or
(c)compliance with the instruction or decision would:
(i)require the professional to provide care that is contrary to the professional’s religious belief or moral conviction if other law permits the professional to refuse to provide care for that reason;
(ii)require the professional or institution to provide care that is contrary to generally accepted health care standards applicable to the professional or institution; or
(iii)violate a court order or other law.
(7)A health care professional or health care institution that refuses to provide care under Subsection (6) shall:
(a)as soon as reasonably feasible, inform the individual, if possible, and the individual’s surrogate of the refusal;
(b)immediately make a reasonable effort to transfer the individual to another health care professional or health care institution that is willing to comply with the instruction or decision; and
(c)either:
(i)if care is refused under Subsection (6)(a) or (b), provide life-sustaining care and care needed to keep or make the individual comfortable, consistent with accepted medical standards to the extent feasible, until a transfer is made; or
(ii)if care is refused under Subsection (6)(c), provide life-sustaining care and care needed to keep or make the individual comfortable, consistent with accepted medical standards, until a transfer is made or, if the professional or institution reasonably believes that a transfer cannot be made, for at least 10 days after the refusal.

Enacted by Chapter 439, 2025 General Session