§ 20-13-905 — Patient's decision - Effect on insurance

(a) Death resulting from the withholding or withdrawal of emergency life-sustaining procedures pursuant to the Do Not Resuscitate Protocol and in accordance with this subchapter is not for any purpose a suicide or homicide. (b) The possession of Do Not Resuscitate Identification pursuant to this subchapter does not affect in any manner the sale, procurement, or issuance of any policy of life insurance nor does it modify the terms of an existing policy of life insurance. A policy of life insurance is not legally impaired or invalidated in any manner by the withholding or withdrawal of emergency life-sustaining procedures from an insured person possessing Do Not Resuscitate Identification, notwithstanding any term of the policy to the contrary. (c) A physician, healthcare facility, or other healthcare provider and a healthcare service plan, insurer issuing disability insurance, self-insured employee welfare benefit plan, or nonprofit hospital plan may not require a person to possess Do Not Resuscitate Identification as a condition for being insured for or receiving healthcare services. (d) This subchapter does not create a presumption concerning the intention of an individual who does not possess Do Not Resuscitate Identification with respect to the use, withholding, or withdrawal of emergency life-sustaining procedures. (e) This subchapter does not increase or decrease the right of a patient to make decisions regarding the use of emergency life-sustaining procedures if the patient is able to do so nor does this subchapter impair or supersede any right or responsibility that a person has to effect the withholding or withdrawal of medical care in any lawful manner. In that respect, the provisions of this subchapter are cumulative. (f) This subchapter does not authorize or approve mercy killing.

Legislative History

Acts 1993, No. 1101, § 5.