Introduced By: Representative Ginaitt, Dennigan and Reilly
Date Introduced : February 3, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Sections 23-4.11-2 of the General Laws in Chapter 23-4.11 entitled "Rights of the Terminally Ill Act" is hereby amended to read as follows:
23-4.11-2. Definitions. -- The following definitions shall govern the construction of this chapter:
(1) "Advance directive protocol" means a standardized, state-wide method developed for emergency medical services personnel by the department of health and approved by the ambulance service advisory board, of providing palliative care to, and withholding life-sustaining procedures from, a qualified patient.
(2) "Artificial feeding" means the provision of nutrition or hydration by parenteral, nasogastric, gastric or any means other than through per oral voluntary sustenance.
(3) "Attending physician" means the physician who has primary responsibility for the treatment and care of the patient.
(4) "Declaration" means a witnessed document executed in accordance with the requirements of section 23-4.11-3.
(5) "Director" means the director of health.
(6) "Emergency medical services personnel" means paid or volunteer firefighters, law enforcement officers, first responders, emergency medical technicians, or other emergency services personnel acting within the ordinary course of their professions.
(7) "Health care 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.
(8) "Life sustaining procedure" means any medical procedure or intervention that, when administered to a qualified patient, will serve only to prolong the dying process. "Life sustaining procedure" shall not include any medical procedure or intervention considered necessary by the attending physician to provide comfort and care or alleviate pain.
(9) "Person" means an individual, corporation, business trust, estate, trust, partnership, association, government, governmental subdivision or agency, or any other legal entity.
(10) "Physician" means an individual licensed to practice medicine in this state.
(11) "Qualified patient" means a patient who has executed a declaration in accordance with this chapter and who has been determined by the attending physician to be in a terminal condition.
(12) "Reliable documentation" means a standardized, state-wide form of identification such as a nontransferable necklace or bracelet of uniform design, adopted by the director of health, with consultation from the local community emergency medical services agencies and licensed hospice and home health agencies, that signifies and certifies that a valid and current declaration is on file and that the individual is a qualified patient.
(13) "Terminal condition" means an incurable or irreversible
condition that, without the administration of life sustaining
procedures, will, in the opinion of the attending physician, result
in death {ADD . ADD} {DEL within a relatively short time. DEL}
SECTION 2. This act shall take effect upon passage.
