144A.9  Immunities.

1.  In the absence of actual notice of the revocation of a declaration or of an out-of-hospital do-not-resuscitate order, the following, while acting in accordance with the requirements of this chapter, are not subject to civil or criminal liability or guilty of unprofessional conduct:

a.  A physician who causes the withholding or withdrawal of life-sustaining procedures from a qualified patient.

b.  The health care provider in which such withholding or withdrawal occurs.

c.  A person who participates in the withholding or withdrawal of life-sustaining procedures under the direction of or with the authorization of a physician.

2.  A physician is not subject to civil or criminal liability for actions under this chapter which are in accord with reasonable medical standards.

3.  Any person, institution or facility against whom criminal or civil liability is asserted because of conduct in compliance with this chapter may interpose this chapter as an absolute defense.

4.  In the absence of actual notice of the revocation of an out-of-hospital do-not-resuscitate order, a health care provider who complies with this chapter is not subject to civil or criminal liability or guilty of unprofessional conduct in entering, executing, or otherwise participating in an out-of-hospital do-not-resuscitate order.

Section History: Recent form

  85 Acts, ch 3, §10; 2002 Acts, ch 1061, §7, 8


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