§ 15-14-508 — Immunities

(1) An agent or proxy-decision maker, as established
in article 18.5 of this title, who acts in good faith in making medical treatment
decisions on behalf of a principal pursuant to the terms of a medical durable power
of attorney shall not be subject to civil or criminal liability therefor.

(2) Each health-care provider and health-care facility shall, in good faith,
comply, in respective order, with the wishes of the principal, the terms of an
advance medical directive, or the decision of an agent acting pursuant to an
advance medical directive. A health-care provider or health-care facility which, in
good faith, complies with the medical treatment decision of an agent acting in
accordance with an advance medical directive shall not be subject to civil or
criminal liability or regulatory sanction therefor.

(3) Good faith actions by any health-care provider or health-care facility in
complying with a medical durable power of attorney or at the direction of a health-care agent of the principal which result in the death of the principal following
trauma caused by a criminal act or criminal conduct, shall not affect the criminal
prosecution of any person charged with the commission of a criminal act or
conduct.

(4) Neither a medical durable power of attorney nor the failure of a person to
execute one shall affect, impair, or modify any contract of life or health insurance
or annuity or be the basis for any delay in issuing or refusing to issue an annuity or
policy of life or health insurance or any increase of a premium therefor.

Legislative History

Source: L. 92: Entire section added, p. 1979, � 2, effective June 4.