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This entry was published on 2020-06-26
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Advanced directives and health care proxies
Public Health (PBH) CHAPTER 45, ARTICLE 43
§ 4306-a. Advanced directives and health care proxies. 1. If a
prospective donor in a hospital has a declaration or advance health care
directive and terms of the declaration, directive or proxy document
concerning life-sustaining treatment are in conflict with the express or
implied terms of a potential anatomical gift 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 the prospective donor shall confer to resolve
the conflict. For purposes of this section, an advance directive shall
mean a written or oral instruction by the adult patient relating to the
provision of health care to the patient when an adult becomes
incapacitated, including but not limited to a health care proxy, a
consent to the issuance of an order not to resuscitate or other orders
for life-sustaining treatment recorded in a patient's medical record, or
a legally-recognized statement of wishes or beliefs.

2. If such prospective donor is incapable of resolving the conflict,
and the patient in such declaration, directive, or proxy document did
not expressly reject being a donor, then the health care proxy acting
under the prospective donor's declaration, directive, or proxy or, if
none, a surrogate authorized to make health care decisions on behalf of
the patient, in accordance with the provisions of article twenty-nine-CC
of this chapter, shall act for the patient to resolve the conflict.

3. Such conflict must be resolved expeditiously. 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 described in subdivision two
of section forty-three hundred one of this article. Before resolution of
the conflict, measures necessary to ensure the medical suitability of
the part may not be withheld or withdrawn from the patient if
withholding or withdrawing the measures is not contraindicated by
appropriate end-of-life care.