This text of Louisiana § 40:1151 (Legislative purpose, findings and intent) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§1151. Legislative purpose, findings and intent
A. Purpose and findings.
(1)The legislature finds that all persons have the
fundamental right to control the decisions relating to their own medical care, including the
decision to have life-sustaining procedures withheld or withdrawn in instances where such
persons are diagnosed as having a terminal and irreversible condition.
(2)The legislature further finds that the artificial prolongation of life for a person
diagnosed as having a terminal and irreversible condition may cause loss of individual and
personal dignity and secure only a precarious and burdensome existence while providing
nothing medically necessary or beneficial to the person.
(3)In order that the rights of such persons may be respected even after they are no
longer able t
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§1151. Legislative purpose, findings and intent
A. Purpose and findings. (1) The legislature finds that all persons have the
fundamental right to control the decisions relating to their own medical care, including the
decision to have life-sustaining procedures withheld or withdrawn in instances where such
persons are diagnosed as having a terminal and irreversible condition.
(2) The legislature further finds that the artificial prolongation of life for a person
diagnosed as having a terminal and irreversible condition may cause loss of individual and
personal dignity and secure only a precarious and burdensome existence while providing
nothing medically necessary or beneficial to the person.
(3) In order that the rights of such persons may be respected even after they are no
longer able to participate actively in decisions concerning themselves, the legislature hereby
declares that the laws of the state of Louisiana shall recognize:
(a) The right of such a person to make a declaration instructing his physician to
withhold or withdraw life-sustaining procedures or designating another to make the treatment
decision and make such a declaration for him, in the event he is diagnosed as having a
terminal and irreversible condition; and
(b) The right of certain individuals to make a declaration pursuant to which life-sustaining procedures may be withheld or withdrawn from an adult patient who is comatose,
incompetent, or otherwise physically or mentally incapable of communication, or from a
minor, in the event such adult patient or minor is diagnosed and certified as having a terminal
and irreversible condition.
(4) In furtherance of the rights of such persons, the legislature finds and declares that
nothing in this Subpart shall be construed to be the exclusive means by which life-sustaining
procedures may be withheld or withdrawn, nor shall this Subpart be construed to require the
application of medically inappropriate treatment or life-sustaining procedures to any patient
or to interfere with medical judgment with respect to the application of medical treatment or
life-sustaining procedures.
B. Intent. (1) The legislature intends that the provisions of this Subpart are
permissive and voluntary. The legislature further intends that the making of a declaration
pursuant to this Subpart merely illustrates a means of documenting a patient's decision
relative to withholding or withdrawal of medical treatment or life-sustaining procedures.
(2) It is the intent of the legislature that nothing in this Subpart shall be construed to
require the making of a declaration pursuant to this Subpart .
(3) It is the intent of the legislature that nothing in this Subpart shall be construed to
be the exclusive means by which life-sustaining procedures may be withheld or withdrawn,
nor shall this Subpart be construed to require the application of medically inappropriate
treatment or life-sustaining procedures to any patient or to interfere with medical judgment
with respect to the application of medical treatment or life-sustaining procedures.
NOTE: Former R.S. 40:1151 redesignated to R.S. 40:1281.11 by HCR 84 of 2015
R.S.