Section 39-4501: This act shall be known and may be cited as the "Natural Death Act."
Section 39-4502: The legislature finds that adult persons have the fundamental right to control the decisions relating to the rendering of their medical care, including the decision to have life sustaining procedures withheld or withdrawn. The legislature further finds that modern medical technology has made possible the artificial prolongation of human life beyond natural limits. The legislature further finds that patients are sometimes unable to express their desire to withhold or withdraw such artificial life prolongation procedures which provide nothing medically necessary or beneficial to the patient because of the patient's inability to communicate with the physician. In recognition of the dignity and privacy which patients have a right to expect, the legislature hereby declares that the laws of this state shall recognize the right of a competent person to have his wishes for medical treatment and for the withdrawal of artificial life sustaining procedures carried out even though that person is no longer able to communicate with the physician. It is the intent of the legislature to establish an effective means for such communication. It is not the intent of the legislature that the procedures described herein are the only effective means of such communication.
Section 39-4503: The following definitions shall govern the construction of this chapter:
(1) "Attending physician" means the physician licensed by the state board of medicine, selected by, or assigned to, the patient who has primary responsibility for the treatment and care of the patient.
(2) "Competent person" means any emancipated minor or any person eighteen(18) or more years of age who is of sound mind.
(3) "Artificial life-sustaining procedure" means any medical procedure or intervention which utilizes mechanical means to sustain or supplant a vital function which when applied to a qualified patient, would serve only to artificially prolong life and where, in the judgment of the attending physician, death is imminent whether or not such procedures are utilized, or the patient is diagnosed as being in a persistent vegetative state. Artificial life-sustaining procedures shall not include the administration of medication or the performance of any medical procedure deemed necessary to alleviate pain.
(4) "Durable power of attorney for health care" means a durable power of attorney to the extent that it authorizes an attorney in fact to make health care decisions for the principal.
Section 39-4504: Any competent person may execute a document known as a "living will." Such document shall be in the following form or in another form that contains the elements set forth in this section.
Section 39-4506:
(1) A directive may be revoked at any time by the maker thereof, without regard to his mental state or competence, by any of the following methods:(a) By being cancelled, defaced, obliterated or burned, torn or otherwise destroyed by the maker thereof or by some person in his presence and by his direction.
(b) By a written, signed, revocation of the maker thereof expressing his intent to revoke.
(c) By a verbal expression by the maker thereof of his intent to revoke the directive.
(2) There shall be no criminal or civil liability on the part of any person for failure to act upon a revocation of a directive made pursuant to this section unless that person has actual knowledge of the revocation.
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Revocation of Statutory Living Will
