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20-6-109. Compliance by healthcare provider or institution.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-6-109. Compliance by healthcare provider or institution.
(a) Except as provided in subsections (b)-(d) of this section, a healthcare provider or institution providing care to a principal shall comply with:
(1) An individual instruction of the principal and with a reasonable interpretation of that instruction by a person authorized to make healthcare decisions for the principal; and
(2) A healthcare decision for the principal made by a person authorized to make healthcare decisions for the principal to the same extent as if the decision had been made by the principal while having capacity.
(b) A healthcare provider may decline to comply with an individual instruction or healthcare decision for reasons of conscience.
(c) A healthcare institution may decline to comply with an individual instruction or healthcare decision if the instruction or decision:
(1) Is contrary to a policy of the institution that is based on reasons of conscience; and
(2) The policy was timely communicated to the principal or to a person authorized to make healthcare decisions for the principal.
(d) A healthcare provider or institution may decline to comply with an individual instruction or healthcare decision that requires medically inappropriate health care or health care contrary to generally accepted healthcare standards applicable to the healthcare provider or institution.
(e) A healthcare provider or institution that declines to comply with an individual instruction or healthcare decision under subsection (b), subsection (c), or subsection (d) of this section shall:
(1) Inform promptly the principal, if possible, or a person authorized to make healthcare decisions for the principal;
(2) Provide continuing care to the principal until a transfer can be effected or until
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-6-109
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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Record provenance
Stable record: arkansas_code:legal_authorities:20-6-109
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 8485efec5c7db2dd22ed68aee8244ed292463d2620809e7a927468608e9d25e4
Source location: content.xml paragraph 572
Stored source content
20-6-109. Compliance by healthcare provider or institution.
(a) Except as provided in subsections (b)-(d) of this section, a healthcare provider or institution providing care to a principal shall comply with:
(1) An individual instruction of the principal and with a reasonable interpretation of that instruction by a person authorized to make healthcare decisions for the principal; and
(2) A healthcare decision for the principal made by a person authorized to make healthcare decisions for the principal to the same extent as if the decision had been made by the principal while having capacity.
(b) A healthcare provider may decline to comply with an individual instruction or healthcare decision for reasons of conscience.
(c) A healthcare institution may decline to comply with an individual instruction or healthcare decision if the instruction or decision:
(1) Is contrary to a policy of the institution that is based on reasons of conscience; and
(2) The policy was timely communicated to the principal or to a person authorized to make healthcare decisions for the principal.
(d) A healthcare provider or institution may decline to comply with an individual instruction or healthcare decision that requires medically inappropriate health care or health care contrary to generally accepted healthcare standards applicable to the healthcare provider or institution.
(e) A healthcare provider or institution that declines to comply with an individual instruction or healthcare decision under subsection (b), subsection (c), or subsection (d) of this section shall:
(1) Inform promptly the principal, if possible, or a person authorized to make healthcare decisions for the principal;
(2) Provide continuing care to the principal until a transfer can be effected or until a determination has been made that a transfer cannot be effected; and
(3)(A) Unless the principal or person authorized to make healthcare decisions for the principal refuses assistance, immediately make all reasonable efforts to assist in the transfer of the principal to another healthcare provider or healthcare institution that is willing to comply with the instruction or decision.
(B) If a transfer cannot be effected, the healthcare provider or institution shall not be compelled to comply.
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