This text of Louisiana § 40:1151.7 (Immunity from liability) 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.
§1151.7. Immunity from liability
A.
(1)Any health care facility, physician, or other person acting under the direction
of a physician shall not be subject to criminal prosecution or civil liability or be deemed to
have engaged in unprofessional conduct as a result of the withholding or the withdrawal of
life-sustaining procedures from a qualified patient who has made a declaration or is wearing
a do-not-resuscitate identification bracelet in accordance with the provisions of this Subpart.
(2)Any person, health care facility, physician, or other person acting under the
direction of a physician who authorizes the withholding or withdrawal of life-sustaining
procedures in accordance with a qualified patient's declaration or do-not-resuscitate
identification bracelet, or as otherwise provided
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§1151.7. Immunity from liability
A.(1) Any health care facility, physician, or other person acting under the direction
of a physician shall not be subject to criminal prosecution or civil liability or be deemed to
have engaged in unprofessional conduct as a result of the withholding or the withdrawal of
life-sustaining procedures from a qualified patient who has made a declaration or is wearing
a do-not-resuscitate identification bracelet in accordance with the provisions of this Subpart.
(2) Any person, health care facility, physician, or other person acting under the
direction of a physician who authorizes the withholding or withdrawal of life-sustaining
procedures in accordance with a qualified patient's declaration or do-not-resuscitate
identification bracelet, or as otherwise provided in this Subpart shall not be subject to
criminal prosecution or civil liability for such action.
B. In instances where a patient diagnosed as having a terminal and irreversible
condition or his representative utilized means other than those in accordance with the
provisions of this Subpart to document or manifest the patient's intention and desire that
medical treatment or life-sustaining procedures be withheld or withdrawn, any health care
facility, physician, or other person acting under the direction of a physician shall not be
subject to criminal prosecution or civil liability or be deemed to have engaged in
unprofessional conduct as a result of the withholding or withdrawal of life-sustaining
procedures when the health care facility, physician, or other person acting under the direction
of a physician has acted in good faith reliance on the patient's or his representative's
manifestations that medical treatment or life-sustaining procedures be withheld or withdrawn
and the continued utilization of life-sustaining procedures would, within reasonable medical
judgment, serve only to prolong the dying process.
C.(1) Inasmuch as the provisions of this Subpart are declared by the legislature to
provide an alternative nonexclusive means by which life-sustaining procedures may be
withheld or withdrawn, the provisions of this Section shall apply to any case in which life-sustaining procedures are withheld or withdrawn unless it is shown by a preponderance of
the evidence that the person authorizing or effectuating the withholding or withdrawal of life-sustaining procedures did not, in good faith, comply with the provisions of this Subpart or
did not act in good faith compliance with the intention of the terminal and irreversible patient
that medical treatment or life-sustaining procedures be withheld or withdrawn.
(2) A declaration made in accordance with this Subpart shall be presumed to have
been made voluntarily.
D.(1) A licensed emergency medical services practitioner shall not be subject to
criminal prosecution or civil liability for withholding life-sustaining procedures from a
qualified patient who is wearing a do-not-resuscitate identification bracelet.
(2) A licensed emergency medical services practitioner shall not be subject to
criminal prosecution or civil liability for administering life-sustaining procedures to a
qualified patient who is not wearing the do-not-resuscitate identification bracelet.