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not decline consent for a sexual assault forensic examination | | of the principal. The power must be in writing and signed by | | the principal and 2 witnesses. Notwithstanding any law | | validating electronic or digital signatures, signatures of the | | principal and witnesses must be made in person and not by | | electronic means. The power remains in effect notwithstanding | | the principal's later incapacity and may include individual | | instructions. Unless related to the principal by blood, | | marriage or adoption, an agent may not be an owner, operator | | or employee of a residential long-term health-care institution | | at which the principal is receiving care. |
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| | | Sec. 5. 18-A MRSA §5-805, sub-§(a), as amended by PL 1999, c. 411, §2, | | is further amended to read: |
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| | | (a) A surrogate may make a decision to withhold or withdraw | | life-sustaining treatment for a patient who is an adult or | | emancipated minor if the patient has been determined by the | | primary physician to lack capacity, no agent or guardian has been | | appointed or the agent or guardian is not reasonably available | | and the patient is in a terminal condition or a persistent | | vegetative state as determined by the primary physician. |
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| | | A surrogate also is authorized to make any other health care | | decision for a patient who is an adult or emancipated minor if | | the patient has been determined by the primary physician to lack | | capacity and no agent or guardian exists, except that a surrogate | | may not deny surgery, procedures or other interventions that are | | lifesaving and medically necessary and may not decline consent | | for a sexual assault forensic examination. |
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| | | A medically necessary procedure is one providing the most | | patient-appropriate intervention or procedure that can be safely | | and effectively given. |
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| | | Sec. 6. 25 MRSA §3821, as enacted by PL 1999, c. 719, §4 and | | affected by §11, is amended by adding a new 2nd paragraph to | | read: |
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| | | In the case of a kit collected pursuant to Title 14, section | | 171, subsection 2, if an alleged victim does not regain the | | capacity to consent within 60 days, the State may file a motion | | in District Court requesting an order that the kit be transported | | to the Maine State Police Crime Laboratory for processing.__The | | District Court shall consider the best interest of the victim | | when considering the State's motion. |
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