Maine Revised Statutes

§5-807. Obligations of health-care provider

(a).    Before implementing a health-care decision made for a patient, a supervising health-care provider, if possible, shall promptly communicate to the patient the decision made and the identity of the person making the decision.
[ 1995, c. 378, Pt. A, §1 (NEW) .]
(b).    A supervising health-care provider who knows of the existence of an advance health-care directive, a revocation of an advance health-care directive or a designation or disqualification of a surrogate shall promptly record its existence in the patient's health-care record and, if it is in writing, shall request a copy and if one is furnished shall arrange for its maintenance in the health-care record.
[ 1995, c. 378, Pt. A, §1 (NEW) .]
(c).    A primary physician who makes or is informed of a determination that a patient lacks or has recovered capacity or that another condition exists that affects an individual instruction or the authority of an agent, guardian, or surrogate or the validity of an advance health-care directive shall promptly record the determination in the patient's health-care record and communicate the determination to the patient, if possible, and to any person then authorized to make health-care decisions for the patient.
[ 1995, c. 378, Pt. A, §1 (NEW) .]
(d).    Except as provided in subsections (e) and (f), a health-care provider or institution providing care to a patient shall:
(1). Comply with an individual instruction of the patient and with a reasonable interpretation of that instruction made by a person then authorized to make health-care decisions for the patient; and [1995, c. 378, Pt. A, §1 (NEW).]
(2). Comply with a health-care decision for the patient made by a person then authorized to make health-care decisions for the patient to the same extent as if the decision had been made by the patient while having capacity. [1995, c. 378, Pt. A, §1 (NEW).]
[ 1995, c. 378, Pt. A, §1 (NEW) .]
(e).    A health-care provider may decline to comply with an individual instruction or health-care decision if the instruction or decision appears not to be in compliance with this Act or for reasons of conscience. A health-care institution may decline to comply with an individual instruction or health-care decision if the instruction or decision appears not to be in compliance with this Act or if the instruction or decision is contrary to a policy of the institution that is expressly based on reasons of conscience and if the policy was timely communicated to the patient or to a person then authorized to make health-care decisions for the patient.
[ 1995, c. 378, Pt. A, §1 (NEW) .]
(f).    A health-care provider or institution may decline to comply with an individual instruction or health-care decision that requires medically ineffective health care or health care contrary to generally accepted health-care standards applicable to the health-care provider or institution.
[ 1995, c. 378, Pt. A, §1 (NEW) .]
(g).    A health-care provider or institution that declines to comply with an individual instruction or health-care decision shall:
(1). Promptly so inform the patient, if possible, and any person then authorized to make health-care decisions for the patient; [1995, c. 378, Pt. A, §1 (NEW).]
(2). Provide continuing care to the patient until a transfer can be effected or a court of competent jurisdiction issues a final order regarding the decision; and [1995, c. 378, Pt. A, §1 (NEW).]
(3). Unless the patient or person then authorized to make health-care decisions for the patient refuses assistance, immediately make all reasonable efforts to assist in the transfer of the patient to another health-care provider or institution that is willing to comply with the instruction or decision. [1995, c. 378, Pt. A, §1 (NEW).]
[ 1995, c. 378, Pt. A, §1 (NEW) .]
(h).    A health-care provider or institution may not require or prohibit the execution or revocation of an advance health-care directive as a condition for providing health care.
[ 1995, c. 378, Pt. A, §1 (NEW) .]
SECTION HISTORY
1995, c. 378, §A1 (NEW).