459.010. Definitions. - Missouri Statutes

Definitions.

459.010. As used in sections 459.010 to 459.055, thefollowing terms mean:

(1) "Attending physician", the physician selected by, orassigned to, the patient who has primary responsibility for thetreatment and care of the patient;

(2) "Competent person", a person eighteen years of age orolder of sound mind who is able to receive and evaluateinformation and to communicate a decision;

(3) "Death-prolonging procedure", any medical procedure orintervention which, when applied to a patient, would serve onlyto prolong artificially the dying process and where, in thejudgment of the attending physician pursuant to usual andcustomary medical standards, death will occur within a short timewhether or not such procedure or intervention is utilized.Death-prolonging procedure shall not include the administrationof medication or the performance of medical procedure deemednecessary to provide comfort, care or to alleviate pain nor theperformance of any procedure to provide nutrition or hydration;

(4) "Declaration", a document executed in accordance withthe requirements of section 459.015;

(5) "Physician", a person licensed to practice medicine andsurgery by the state board of registration for the healing arts;

(6) "Terminal condition", an incurable or irreversiblecondition which, in the opinion of the attending physician, issuch that death will occur within a short time regardless of theapplication of medical procedures.

(L. 1985 S.B. 51 § 1)

(1988) A guardian may not order termination of nutrition and hydration from incompetent ward who is neither dead nor terminally ill although ward is in persistent vegetative state. Cruzan, by Cruzan v. Harmon, 760 S.W.2d 408 (Mo.banc).

(1990) United States Constitution does not prohibit Missouri from requiring that evidence of an incompetent's wishes as to the withdrawal of life-sustaining treatment be proven by clear and convincing evidence. Cruzan v. Director, Mo. Dept. of Health, 110 S. Ct. 2841.