In Louisiana, an adult who is not mentally ill or otherwise incompetent has sole right to consent to his or her care. B.(1) The withholding or withdrawal of life-sustaining procedures from a qualified patient in accordance with the provisions of this Part shall not, for any purpose, constitute a suicide. (2) Other persons eligible for legal assistance under the provisions of 10 U. Signed: ____________________ City, Parish, and State of Residence ____________________ ___________________________ (SIGNATURE OF ATTORNEY) Acts 1997, No. Even if you are married, you make your own health care decisions and your spouse does not have a right to change them. (2) Nor shall the making of a declaration pursuant to this Part affect the sale, procurement, or issuance of any life insurance policy, nor shall it be deemed to modify the terms of an existing policy.
Federal law specifies that this advance medical directive shall be given the same legal effect as an advance medical directive prepared and executed in accordance with the laws of the State concerned.
Federal law exempts this advance medical directive from any requirement of form, substance, formality, or recording that is provided for advance medical directives under the laws of a State.
101(a)(4), the reserve components of the armed forces of the United States as defined by 10 U. It is suggested for use by any person authorized to receive legal assistance from the military service in accordance with federal or state law, who by these presents represents and warrants that he is so eligible. 1044(c), a military advance medical directive is exempt from any requirement of form, substance, formality, or recording that may be required under the laws of Louisiana or any other state.
(This paragraph must be in bold type.) Additionally, this form is specifically designed for use under Louisiana law.
Louisiana allows minors to consent to their own medical care without telling their parents. (4) For a resident of a state-operated nursing home, the administrator of the home or facility. Consent for any surgical or medical treatment on behalf of a mentally retarded person or a resident in a facility, home, or program as described in R. 99.58(A) is authorized under the following circumstances: (1) When all reasonable efforts to contact the parent, family, or guardian of the resident have failed or (2) When the resident's record does not contain the name of the parent, family member, or guardian. Consent given pursuant to this Section shall be in writing and shall comply with the provisions of R. (10) "Minor" means a person under eighteen years of age. (4) If the declaration is oral or nonverbal, the physician shall promptly make a recitation of the reasons the declarant could not make a written declaration and make the recitation a part of the patient's medical records.
This includes care for pregnancy and childbirth, and sexually transmitted infections. The provisions of this Part shall be liberally construed, and all relationships set forth herein shall include the marital, adoptive, foster and step-relations as well as the natural whole blood. (11) "Physician" means a physician or surgeon licensed by the Louisiana State Board of Medical Examiners or by the official licensing authority of another state. C.(1) The declaration may, but need not, be in the following illustrative form and may include other specific directions including but not limited to a designation of another person to make the treatment decision for the declarant should he be diagnosed as having a terminal and irreversible condition and be comatose, incompetent, or otherwise mentally or physically incapable of communications: DECLARATION Declaration made this _______________ day of __________ (month, year). Any attending physician who refuses to comply with the declaration of a qualified patient or declaration otherwise made pursuant to this Part shall make a reasonable effort to transfer the patient to another physician. No provision of this Part imposes a duty upon the physician or health care facility to make a search of the registry for the existence of a declaration. If the policies of a health care provider preclude compliance with the declaration of a qualified patient under this Part or preclude compliance with the provisions pertaining to a representative acting on behalf of a qualified patient, then the provider shall take all reasonable steps to transfer the patient to a provider with which the provisions of this Part can be effectuated. Certified emergency medical technicians and certified first responders shall make a reasonable effort to detect the presence of a do-not- resuscitate identification bracelet on the patient.
It was prepared by an attorney who was authorized to provide legal assistance for an individual who was eligible to receive legal assistance. However, for purposes of interpretation, application, intent, definitions, direction, voluntary registry, notification, immunity from liability, and penalties, the provisions of Part XXIV-A of this Chapter shall apply.
The following is an illustrative form of a military advance medical directive suggested for use by military personnel or other eligible persons who reside in the state of Louisiana: LOUISIANA'S MILITARY ADVANCE MEDICAL DIRECTIVE STATE OF LOUISIANA PARISH OF ________________ This is a MILITARY ADVANCE MEDICAL DIRECTIVE prepared pursuant to Title 10, United States Code, Section 1044(c). Nothing in this Part affects or limits the use of: (1) Any other advance medical directive prepared and executed in accordance with the provisions of 10 U. (2) Any other form for a declaration concerning life-sustaining procedures authorized by Part XXIV-A of this Chapter. This Part provides an illustrative form for making an advance medical directive and, in the event of direct conflict with Part XXIV-A of this Chapter, is governed by the provisions contained herein. This Part may be cited as the "Louisiana Military Advance Medical Directive Act".
If there is a medical emergency and there is no one available who can consent to care, the doctors can take care of you without getting consent. (2) For a resident of a state-supervised extended family living program, or a recipient of service from a state-operated supported living or supervised independent living program, or personal care attendant program for the mentally retarded or developmentally disabled, the office for citizens with developmental disabilities administrator or manager with administrative authority over the extended family living program, supported living or supervised independent living program, or personal care attendant program for the region where the home is located or the program is being provided. (7) "Do-not-resuscitate identification bracelet" means a standardized bracelet as described in R. (9) "Life-sustaining procedure" means any medical procedure or intervention which, within reasonable medical judgment, would serve only to prolong the dying process for a person diagnosed as having a terminal and irreversible condition, including such procedures as the invasive administration of nutrition and hydration and the administration of cardiopulmonary resuscitation. In addition, the attending physician or health care facility may directly contact the registry to determine the existence of any such declaration. D.(1) A certified emergency medical technician or a certified first responder shall not be subject to criminal prosecution or civil liability for withholding life-sustaining procedures from a qualified patient who is wearing a do-not-resuscitate identification bracelet.
This is called implied consent because the law assumes you would want to be treated. 99.53(a) and (b) to consent to surgical or medical treatment or procedures for others as provided therein are also authorized and empowered, for and on behalf of such others, and without court approval, to enter into binding medical arbitration agreements. (3) For a resident of a nonstate-operated residential facility, community, or group home for the mentally retarded, the chief executive officer of the provider organization which administers or operates the facility or home. A copy of the signed written consent form and of the physician's written recommendation shall be placed in the resident's permanent record. Nothing contained in this Section shall be construed to authorize consent to surgical or medical treatment for a resident if the parent, family member, or guardian of the resident has been contacted and has refused to consent to medical treatment for the resident. Consent to surgical or medical treatment for residents will be implied where an emergency, as defined in R. A "life-sustaining procedure" shall not include any measure deemed necessary to provide comfort care. (3) Any attending physician who is so notified, or who determines directly or is advised by the health care facility that a declaration is registered shall promptly make the declaration or a copy of the declaration, if written, or a notation of the existence of a registered declaration, a part of the declaran` medical record. (2) A certified emergency medical technician or a certified first responder shall not be subject to criminal prosecution or civil liability for administering life-sustaining procedures to a qualified patient who is not wearing the do-not-resuscitate identification bracelet.
BE IT KNOWN on this ___ day of ______, 19__, before me, an attorney authorized to render legal assistance to persons eligible for legal assistance under the provisions of 10 U. [[Optional:] In the absence of my ability to give further directions regarding the use of such life-sustaining procedures, I authorize __________________, caretaker, to make treatment decisions on my behalf and I have discussed my desires concerning terminal care with this person and I trust his/her judgment on my behalf.] Should my caretaker be an absent person or cease or otherwise fail to act or if a caretaker has not been named in this declaration, it is my intention that this declaration be honored by my family and physician(s) as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences from such refusal. (2) Contains a statement that sets forth the contents of the first undesignated paragraph of the form provided in R.