(a) This chapter does not affect the right of an individual to make health care decisions while having capacity to make health care decisions.

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Terms Used In Alaska Statutes 13.52.100

  • advance health care directive: means an individual instruction or a durable power of attorney for health care. See Alaska Statutes 13.52.390
  • advanced practice registered nurse: has the meaning given in Alaska Stat. See Alaska Statutes 13.52.390
  • cardiopulmonary resuscitation: means an attempt to restore spontaneous circulation. See Alaska Statutes 13.52.390
  • do not resuscitate order: means a directive from a licensed physician, advanced practice registered nurse, or physician assistant that emergency cardiopulmonary resuscitation should not be administered to a qualified patient. See Alaska Statutes 13.52.390
  • health care: means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect an individual's physical or mental condition. See Alaska Statutes 13.52.390
  • health care decision: means a decision made by an individual or the individual's agent, guardian, or surrogate regarding the individual's health care, including
    (A) selection and discharge of health care providers and institutions. See Alaska Statutes 13.52.390
  • life-sustaining procedures: means any medical treatment, procedure, or intervention that, in the judgment of the primary physician, advanced practice registered nurse, or physician assistant, when applied to a patient with a qualifying condition, would not be effective to remove the qualifying condition, would serve only to prolong the dying process, or, when administered to a patient with a condition of permanent unconsciousness, may keep the patient alive but is not expected to restore consciousness. See Alaska Statutes 13.52.390
  • physician assistant: means an individual licensed under Alaska Stat. See Alaska Statutes 13.52.390
  • qualified patient: means a patient with a qualifying condition who is eligible for do not resuscitate identification. See Alaska Statutes 13.52.390
  • surrogate: means an individual, other than a patient's agent or guardian, authorized under this chapter to make a health care decision for the patient. See Alaska Statutes 13.52.390
(b) An individual is rebuttably presumed to have capacity to make a health care decision, to give or revoke an advance health care directive, and to designate or disqualify a surrogate.
(c) An individual who is a qualified patient, including an individual for whom a physician, an advanced practice registered nurse, or a physician assistant has issued a do not resuscitate order, has the right to make a decision regarding the use of cardiopulmonary resuscitation and other life-sustaining procedures as long as the individual is able to make the decision. If an individual who is a qualified patient, including an individual for whom a physician, advanced practice registered nurse, or physician assistant has issued a do not resuscitate order, is not able to make the decision, the protocol adopted under Alaska Stat. § 13.52.065 for do not resuscitate orders governs a decision regarding the use of cardiopulmonary resuscitation and other lifesustaining procedures.