§ 35-22-408 — Obligations of health care provider

(a) Before implementing a health care decision made for a
patient who is able to comprehend, a primary health care
provider shall promptly communicate to the patient the decision
made and may communicate the identity of the person making the
decision.
(b) A primary health care provider who knows of the
existence of an advance health care directive, a revocation of
an advance health care directive, or a designation or
disqualification of a surrogate, shall promptly record its
existence in the patient's health care record and, if it is in
writing, shall request a copy and if one is furnished shall
arrange for its maintenance in the health care record.
(c) The primary physician who makes or is informed of a
determination that a patient lacks or has recovered capacity, or
that another condition exists which affects an individual
instruction or the authority of an agent, guardian or surrogate,
shall promptly record the determination in the patient's health
care record and communicate the determination to the patient, if
possible, and to any person then authorized to make health care
decisions for the patient.
(d) Except as provided in subsections (e) and (f) of this
section, a health care provider or institution providing care to
a patient shall:
(i) Comply with an individual instruction of the
patient and with a reasonable interpretation of that instruction
made by a person then authorized to make health care decisions
for the patient; and
(ii) Comply with a health care decision for the
patient made by a person then authorized to make health care
decisions for the patient to the same extent as if the decision
had been made by the patient while having capacity.
(e) A health care provider may decline to comply with an
individual instruction or health care decision for reasons of
conscience. A health care institution may decline to comply with
an individual instruction or health care decision if the
instruction or decision is contrary to a written policy of the
institution which is expressly based on reasons of conscience
and if the policy was timely communicated to the patient or to a
person then authorized to make health care decisions for the
patient. The institution shall deliver the written policy upon
receipt of the patient's advance directive that may conflict
with the policy or upon notice from the primary health care
provider that the patient's instruction or decision may be in
conflict with the health care institution's policy.
(f) A health care provider or institution may decline to
comply with an individual instruction or health care decision
that requires medically ineffective health care or health care
contrary to generally accepted health care standards applicable
to the health care provider or institution.
(g) A health care provider or institution that declines to
comply with an individual instruction or health care decision
shall:
(i) Promptly so inform the patient, if possible, and
any person then authorized to make health care decisions for the
patient;
(ii) Provide continuing care, including continuing
life sustaining care, to the patient until a transfer can be
effected; and
(iii) Unless the patient or person then authorized to
make health care decisions for the patient refuses assistance,
immediately make all reasonable efforts to assist in the
transfer of the patient to another health care provider or
institution that is willing to comply with the instruction or
decision.
(h) A health care provider or institution may not require
or prohibit the execution or revocation of an advance health
care directive as a condition for providing health care.