§ 35-22-402 — Definitions

Wyoming § 35-22-402

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 22: LIVING WILL
• Art. 4: WYOMING HEALTH CARE DECISIONS ACT

Text

(a) As used in this act:
(i) "Advance health care directive" means an
individual instruction or a power of attorney for health care,
or both;
(ii) "Agent" means an individual designated in a
power of attorney for health care to make a health care decision
for the individual granting the power;
(iii) "Artificial nutrition and hydration" means
supplying food and water through a conduit, such as a tube or an
intravenous line where the recipient is not required to chew or
swallow voluntarily, including, but not limited to, nasogastric
tubes, gastrostomies, jejunostomies and intravenous infusions.
Artificial nutrition and hydration does not include assisted
feeding, such as spoon or bottle feeding;
(iv) "Capacity" means an individual's ability to
understand the significant benefits, risks and alternatives to
proposed health care and to make and communicate a health care
decision;
(v) "Community care facility" means a public or
private facility responsible for the day-to-day care of persons
with disabilities;
(vi) "Emancipated minor" means a minor who has become
emancipated as provided in W.S. 14-1-201 through 14-1-206;
(vii) "Guardian" means a judicially appointed
guardian or conservator having authority to make a health care
decision for an individual;
(viii) "Health care" means any care, treatment,
service or procedure to maintain, diagnose or otherwise affect
an individual's physical or mental condition;
(ix) "Health care decision" means a decision made by
an individual or the individual's agent, guardian, or surrogate,
regarding the individual's health care, including:
(A) Selection and discharge of health care
providers and institutions;
(B) Approval or disapproval of diagnostic tests,
surgical procedures, programs of medication and orders not to
resuscitate; and
(C) Directions to provide, withhold or withdraw
artificial nutrition and hydration and all other forms of health
care.
(x) "Health care institution" means an institution,
facility or agency licensed, certified or otherwise authorized
or permitted by law to provide health care in the ordinary
course of business;
(xi) "Individual instruction" means an individual's
direction concerning a health care decision for the individual;
(xii) "Physician" means an individual authorized to
practice medicine under the Wyoming Medical Practice Act;
(xiii) "Power of attorney for health care" means the
designation of an agent to make health care decisions for the
individual granting the power;
(xiv) "Primary health care provider" means any person
licensed under the Wyoming statutes practicing within the scope
of that license as a licensed physician, licensed physician's
assistant or licensed advanced practice registered nurse and who
is designated by an individual or the individual's agent,
guardian or surrogate to have primary responsibility for the
individual's health care or, in the absence of a designation or
if the designated provider is not reasonably available, a
provider who undertakes the responsibility;
(xv) "Primary physician" means a physician designated
by an individual or the individual's agent, guardian or
surrogate, to have primary responsibility for the individual's
health care or, in the absence of a designation or if the
designated physician is not reasonably available, a physician
who undertakes the responsibility;
(xvi) "Reasonably available" means able to be
contacted with a level of diligence appropriate to the
seriousness and urgency of a patient's health care needs and
willing and able to act in a timely manner considering the
urgency of the patient's health care needs;
(xvii) "Residential care facility" means a public or
private facility providing for the residential and health care
needs of the elderly or persons with disabilities or chronic
mental illness;
(xviii) "State" means a state of the United States,
the District of Columbia, the Commonwealth of Puerto Rico or a
territory or insular possession subject to the jurisdiction of
the United States;
(xix) Repealed By Laws 2007, Ch. 61, § 2.
(xx) "Surrogate" means an adult individual or
individuals who:
(A) Have capacity;
(B) Are reasonably available;
(C) Are willing to make health care decisions,
including decisions to initiate, refuse to initiate, continue or
discontinue the use of a life sustaining procedure on behalf of
a patient who lacks capacity; and
(D) Are identified by the primary health care
provider in accordance with this act as the person or persons
who are to make those decisions in accordance with this act.
(xxi) "This act" means W.S. 35-22-401 through