<section number="75A-9-122"><effdate>1/1/2026</effdate><histories><history>Enacted by Chapter <modchap sess="2025GS">439</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Immunity.</catchline><subsection number="75A-9-122(1)">A health care professional or health care institution acting in good faith is not subject to civil or criminal liability or to discipline for unprofessional conduct for:<subsection number="75A-9-122(1)(a)">complying with a health care decision made for an individual by another person if compliance is based on a reasonable belief that the person has authority to make the decision, including a decision to withhold or withdraw health care;</subsection><subsection number="75A-9-122(1)(b)">refusing to comply with a health care decision made for an individual by another person if the refusal is based on a reasonable belief that the person lacked authority or capacity to make the decision;</subsection><subsection number="75A-9-122(1)(c)">complying with an advance health care directive based on a reasonable belief that the directive is valid;</subsection><subsection number="75A-9-122(1)(d)">refusing to comply with an advance health care directive based on a reasonable belief that the directive is not valid, including a reasonable belief that the directive was not made by the individual or, after its creation, was substantively altered by a person other than the individual who created it; or</subsection><subsection number="75A-9-122(1)(e)">determining that an individual who otherwise might be authorized to act as an agent or default surrogate is not reasonably available.</subsection></subsection><subsection number="75A-9-122(2)">An agent, default surrogate, or individual with a reasonable belief that the individual is an agent or a default surrogate is not subject to civil or criminal liability or to discipline for unprofessional conduct for a health care decision made in a good faith effort to comply with Section <xref depth="3" refnumber="75A-9-116">75A-9-116</xref>.</subsection></section>