39-3422. EFFECT OF ANATOMICAL GIFT ON ADVANCE HEALTH CARE DIRECTIVE. (1) In this section:
(a) "Advance health care directive" means a power of attorney for health care or a record signed or authorized by a prospective donor containing the prospective donor’s direction concerning a health care decision for the prospective donor.
(b) "Declaration" means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor.
(c) "Health care decision" means any decision regarding the health care of the prospective donor.
(2) If a prospective donor has a declaration or advance health care directive and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donor’s attending physician and prospective donor shall confer to resolve the conflict. If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor’s declaration or directive, or, if none or the agent is not reasonably available, another person authorized by law other than this chapter to make health care decisions on behalf of the prospective donor, shall act for the donor to resolve the conflict. The conflict must be resolved as expeditiously as possible. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under section 39-3409, Idaho Code. Before resolution of the conflict, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the prospective donor if withholding or withdrawing the measures is not contraindicated by appropriate end-of-life care.
History:
[39-3422, added 2007, ch. 30, sec. 2, p. 72; am. 2009, ch. 176, sec. 1, p. 556.]
Structure Idaho Code
Chapter 34 - REVISED UNIFORM ANATOMICAL GIFT ACT
Section 39-3401 - SHORT TITLE.
Section 39-3402 - DEFINITIONS.
Section 39-3403 - APPLICABILITY.
Section 39-3404 - WHO MAY MAKE ANATOMICAL GIFT BEFORE DONOR’S DEATH.
Section 39-3405 - MANNER OF MAKING ANATOMICAL GIFT BEFORE DONOR’S DEATH.
Section 39-3406 - AMENDING OR REVOKING ANATOMICAL GIFT BEFORE DONOR’S DEATH.
Section 39-3407 - REFUSAL TO MAKE ANATOMICAL GIFT — EFFECT OF REFUSAL.
Section 39-3408 - PRECLUSIVE EFFECT OF ANATOMICAL GIFT, AMENDMENT OR REVOCATION.
Section 39-3409 - WHO MAY MAKE ANATOMICAL GIFT OF DECEDENT’S BODY OR PART.
Section 39-3410 - MANNER OF MAKING, AMENDING OR REVOKING ANATOMICAL GIFT OF DECEDENT’S BODY OR PART.
Section 39-3411 - REQUIREMENTS FOR INFORMED CONSENT.
Section 39-3412 - PERSONS THAT MAY RECEIVE ANATOMICAL GIFT — PURPOSE OF ANATOMICAL GIFT.
Section 39-3413 - SEARCH AND NOTIFICATION.
Section 39-3414 - DELIVERY OF DOCUMENT OF GIFT NOT REQUIRED — RIGHT TO EXAMINE.
Section 39-3415 - RIGHTS AND DUTIES OF PROCUREMENT ORGANIZATION AND OTHERS.
Section 39-3416 - COORDINATION OF PROCUREMENT AND USE.
Section 39-3417 - SALE OR PURCHASE OF PARTS PROHIBITED.
Section 39-3418 - OTHER PROHIBITED ACTS.
Section 39-3421 - DONOR REGISTRY.
Section 39-3422 - EFFECT OF ANATOMICAL GIFT ON ADVANCE HEALTH CARE DIRECTIVE.
Section 39-3423 - COOPERATION BETWEEN CORONER AND PROCUREMENT ORGANIZATION.
Section 39-3424 - UNIFORMITY OF APPLICATION AND CONSTRUCTION.
Section 39-3425 - RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.