§ 20-6-310 — Criminal penalty

(a) It is unlawful for a person to knowingly: (1) Conceal, cancel, deface, obliterate, or damage a physician order for life-sustaining treatment form without the consent of the patient or the legal representative of the patient; (2) (A) Cause an individual to execute a physician order for life-sustaining treatment form by undue influence, fraud, or duress. (B) As used in this section, "undue influence" includes without limitation: (i) Charging a different rate or fee for insurance coverage or healthcare services based upon whether the individual consents to a physician order for life-sustaining treatment form or has executed a physician order for life-sustaining treatment form; (ii) Requiring a healthcare provider to have an internal policy to offer a physician order for life-sustaining treatment form to any individual; (iii) Providing any financial incentive, payment, discount, or rating incentive for having an internal policy or procedure relating to the completion of a physician order for life-sustaining treatment form as applied to a healthcare provider or healthcare facility; or (iv) Imposing a rating or reimbursement penalty if a healthcare provider or healthcare facility fails to achieve a target for physician order for life-sustaining treatment form completions; or (3) Falsify or forge a physician order for life-sustaining treatment form of another person that results in a direct change of health care provided to the patient. (b) A person who violates this section is guilty of a Class D felony. (c) This section does not prevent payment to a healthcare provider or healthcare facility for consultation with or counseling of a patient concerning a physician order for life-sustaining treatment form or for offering advance directive healthcare planning.

Legislative History

Added by Act 2017, No. 504,§ 1, eff. 8/1/2017.