Browse Arkansas Code titles and sections
20-10-1010. End-of-life treatment of long-term care residents.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-10-1010. End-of-life treatment of long-term care residents.
(a) For residents suffering from a terminal condition as defined in § 20-17-201, facilities may withhold nutrition or hydration, or both, only pursuant to:
(1) The directive or with the consent of the resident;
(2) A validly executed declaration as defined in § 20-17-201; or
(3) The instructions of a person authorized to execute a written request for another under § 20-17-214 if:
(A) The resident did not execute a declaration; and
(B) In the opinion of the attending physician, the resident is no longer able to make healthcare decisions for himself or herself; or
(4) The directions of an attorney-in-fact appointed under a validly executed durable power of attorney for health care as defined in § 20-13-104 [repealed].
(b) For residents who are permanently unconscious as defined in § 20-17-201, facilities may withhold nutrition or hydration, or both, only pursuant to:
(1) A validly executed declaration as defined in § 20-17-201;
(2) The instructions of a person authorized to execute a written request for another pursuant to § 20-17-214 if:
(A) The resident did not execute a declaration; and
(B) In the opinion of the attending physician, the resident is no longer able to make healthcare decisions for himself or herself; or
(3) The directions of an attorney-in-fact appointed under a validly executed durable power of attorney for health care as defined in § 20-13-104 [repealed].
(c)(1) Notwithstanding subsections (a) and (b) of this section, the wishes of a resident who requests nutrition or hydration, or both, shall be honored.
(2) Unless the use of artificial means is specifically requested, a patient's request for nutrition or hydration, or both, shall not be honored by use of arti
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-10-1010
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:20-10-1010
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f645ce0a55206d1e24f732d3ae114ffa20ebf832e176868cacec042997164e48
Source location: content.xml paragraph 6533
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20-10-1010. End-of-life treatment of long-term care residents.
(a) For residents suffering from a terminal condition as defined in § 20-17-201, facilities may withhold nutrition or hydration, or both, only pursuant to:
(1) The directive or with the consent of the resident;
(2) A validly executed declaration as defined in § 20-17-201; or
(3) The instructions of a person authorized to execute a written request for another under § 20-17-214 if:
(A) The resident did not execute a declaration; and
(B) In the opinion of the attending physician, the resident is no longer able to make healthcare decisions for himself or herself; or
(4) The directions of an attorney-in-fact appointed under a validly executed durable power of attorney for health care as defined in § 20-13-104 [repealed].
(b) For residents who are permanently unconscious as defined in § 20-17-201, facilities may withhold nutrition or hydration, or both, only pursuant to:
(1) A validly executed declaration as defined in § 20-17-201;
(2) The instructions of a person authorized to execute a written request for another pursuant to § 20-17-214 if:
(A) The resident did not execute a declaration; and
(B) In the opinion of the attending physician, the resident is no longer able to make healthcare decisions for himself or herself; or
(3) The directions of an attorney-in-fact appointed under a validly executed durable power of attorney for health care as defined in § 20-13-104 [repealed].
(c)(1) Notwithstanding subsections (a) and (b) of this section, the wishes of a resident who requests nutrition or hydration, or both, shall be honored.
(2) Unless the use of artificial means is specifically requested, a patient's request for nutrition or hydration, or both, shall not be honored by use of artificial means if doing so would require the insertion of any apparatus into the patient's body.
(d) The attending physician or other healthcare provider may not substitute his or her judgment relating to nutrition or hydration and make a decision that is contrary to the known wishes of the resident.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-13-104. [Repealed.]
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-13-104
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: repealed. The source passage cites 20-13-104. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-17-201. Definitions.
As used in this subchapter:
(1) “Attending physician” means the physician who has primary responsibility for the treatment and care of the patient;
(2)(A) “Declaration” means a writing executed in accordance with the requirements of § 20-17-202(a).
(B) “Declaration” is an advance directive under § 20-6-102;
(3) “Healthcare provider” means a person who is licensed, certified, or otherwise authorized by the law of this state to administer health care in the ordinary course of business or practice of a profession;
(4) “Healthcare proxy” is a person eighteen (18) years old or older appointed by the patient as attorney-in-fact to make healthcare decisions including the withholding or withdrawal of life-sustaining treatment if a qualified patient, in the opinion of the attending physician, is permanently unconscious, incompetent, or otherwise mentally or physically incapable of communication;
(5) “Life-sustaining treatment” means any medical procedure or intervention that, when administered to a qualified patient, will serve only to prolong the process of dying or to maintain the patient in a condition of permanent unconsciousness;
(6) “Permanently unconscious” means a lasting condition, indefinitely without change in which thought, feeling, sensations, and awareness of self and environment are absent;
(7) “Person” means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity;
(8) “Physician” means an individual licensed to practice medicine in this state;
(9) “Qualified patient” means a patient eighteen (18) or more years of age who has executed a declaration or appointed a healthcare proxy and who ha
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-17-201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-17-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-17-214. Who may execute written request for another.
(a) If any person is a minor or an adult where a valid declaration does not exist and a healthcare proxy has not been designated and who, in the opinion of the attending physician, is no longer able to make healthcare decisions, then the declaration may be executed in the same form on his or her behalf by the first of the following individuals or category of individuals who exist and are reasonably available for consultation:
(1) A legal guardian of the patient, if one has been appointed;
(2) In the case of an unmarried patient under the age of eighteen (18), the parents of the patient;
(3) The patient's spouse;
(4) The patient's adult child or, if there is more than one (1), then a majority of the patient's adult children participating in the decision;
(5) The parents of a patient over the age of eighteen (18);
(6) The patient's adult sibling or, if there is more than one (1), then a majority of the patient's adult siblings participating in the decision;
(7) Persons standing in loco parentis to the patient; or
(8) A majority of the patient's adult heirs at law who participate in the decision.
(b)(1) Even if an advance directive that includes a directive to withhold nutrition or hydration, or both, is signed by a person under this section, if the terminally ill patient requests nutrition or hydration, his or her wishes shall be honored.
(2) Unless the use of artificial means is specifically requested, a patient's request for nutrition or hydration, or both, shall not be honored by use of artificial means if doing so would require the insertion of any apparatus into the patient's body.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-17-214
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-17-214. This identifies an authority to review, not proof of applicability.