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20-17-201. Definitions.
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. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:20-17-201
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 9c46ffe4bffcca5bebe1c11b26241a263b1a855a49fda44c109e57c41558ea21
Source location: content.xml paragraph 15184
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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 has been determined to be in a terminal condition or in a permanently unconscious state by the attending physician and another qualified physician who has examined the patient;
(10) “State” means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico; and
(11) “Terminal condition” means an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of the attending physician, result in death within a relatively short time.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-17-202. Declaration relating to use of life-sustaining treatment.
(a)(1) An individual of sound mind and eighteen (18) or more years of age may execute at any time a declaration governing the withholding or withdrawal of life-sustaining treatment. The declaration must be signed by the declarant, or another at the declarant's direction, and witnessed by two (2) individuals.
(2) A declaration executed under this section before July 1, 2017, is valid if the declaration substantially complies with subdivision (a)(1) of this section.
(3) A declaration executed under this section on and after July 1, 2017, is valid if the declaration document:
(A) Is notarized but does not have two (2) witnesses; or
(B) Satisfies the requirements of the Arkansas Healthcare Decisions Act, § 20-6-101 et seq.
(b) A declaration may be, but need not be, in the following form in the case where the patient has a terminal condition:
“DECLARATION “If I should have an incurable or irreversible condition that will cause my death within a relatively short time, and I am no longer able to make decisions regarding my medical treatment, I direct my attending physician, pursuant to the Arkansas Rights of the Terminally Ill or Permanently Unconscious Act, to [withhold or withdraw treatment that only prolongs the process of dying and is not necessary to my comfort or to alleviate pain] [follow the instructions of whom I appoint as my Health Care Proxy to decide whether life-sustaining treatment should be withheld or withdrawn]. It is my specific directive that nutrition may be withheld after consultation with my attending physician. It is my specific directive that hydration may be withheld after consultation with my attending physician. It is my specific directive that nutrition may not be w
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-17-202
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 20-17-202. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-6-102. Definitions.
As used in this subchapter:
(1) “Advance directive” means an individual instruction or a written statement that anticipates and directs the provision of health care for an individual, including without limitation a living will or a durable power of attorney for health care;
(2) “Agent” means an individual designated in an advance directive to make a healthcare decision for the individual granting the power;
(3) “Capacity” means an individual's ability to understand the significant benefits, risks, and alternatives to proposed health care and to make and communicate a healthcare decision;
(4)(A) “Durable power of attorney for health care” means a written advance directive that identifies an agent who is authorized to make healthcare decisions on behalf of the principal.
(B) “Durable power of attorney for health care” includes without limitation a document appointing a healthcare proxy executed under § 20-17-202;
(5) “Emancipated minor” means a minor who has been emancipated under § 9-27-362;
(6) “Emergency responder” means a paid or volunteer firefighter, law enforcement officer, or other public safety official or volunteer acting within the scope of his or her proper function or rendering emergency care at the scene of an emergency;
(7) “Guardian” means a judicially appointed guardian or conservator having authority to make a healthcare decision for an individual;
(8) “Health care” means any care, treatment, service, or procedure to maintain, diagnose, treat, or otherwise affect an individual's physical or mental condition, including medical care;
(9) “Healthcare decision” means consent, refusal of consent, or withdrawal of consent to health care;
(10)(A) “Healthcare institution” means an agency, institution, facility, or pl
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-6-102
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 20-6-102. This identifies an authority to review, not proof of applicability.