§ 20-10-1010 - End-of-life treatment of long-term care residents. - Arkansas Statutes

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 health care 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.

(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; or

(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 health care 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.

(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 health care 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.