§ 62-5-516 — Civil liability.

(a) If a person wilfully conceals, cancels, defaces, obliterates, or damages a health care power of attorney without the principal's consent, or falsifies or forges a revocation of a health care power of attorney, or otherwise prevents the implementation of the principal's wishes as stated in a health care power of attorney, that person breaches a duty owed to the principal and is responsible for payment of any expenses or other damages incurred as a result of the wrongful act. (b) A physician or health care facility electing for any reason not to follow an agent's instruction that life-sustaining procedures be withheld or withdrawn as authorized in the health care power of attorney shall make a reasonable effort to locate a physician or health care facility that will follow the instruction and has a duty to transfer the patient to that physician or facility. If a nurse or other employee of a health care provider or nursing care provider gives notice that the employee does not wish to participate in the withholding or withdrawal of life-sustaining procedures as directed by an agent, a reasonable effort shall be made by the physician and the health care provider or nursing care provider to effect the withholding or withdrawal of life-sustaining procedures without the participation of the employee.

Legislative History

HISTORY: 1992 Act No. 306, SECTION 1; 2005 Act No. 172, SECTION 1; 2006 Act No. 365, SECTION 1; 2008 Act No. 303, SECTIONS 2, 3, eff June 11, 2008; 2010 Act No. 244, SECTION 41, eff June 7, 2010; formerly 1976 Code SECTION 62-5-504; 2016 Act No. 279, SECTION 2, eff January 1, 2017.