(1)  An adult with health care decision making capacity retains the right to make health care decisions as long as the adult has health care decision making capacity as defined in Section 75-2a-103. For purposes of this chapter, the inability to communicate through speech does not mean that the adult lacks health care decision making capacity.

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Terms Used In Utah Code 75-2a-109

  • Adult: means an individual who is:
(a) at least 18 years old; or
(b) an emancipated minor. See Utah Code 75-2a-103
  • APRN: means an individual who is:
    (a) certified or licensed as an advance practice registered nurse under Subsection 58-31b-301(2)(e);
    (b) an independent practitioner;
    (c) acting under a consultation and referral plan with a physician; and
    (d) acting within the scope of practice for that individual, as provided by law, rule, and specialized certification and training in that individual's area of practice. See Utah Code 75-2a-103
  • Declarant: means an adult who has completed and signed or directed the signing of an advance health care directive. See Utah Code 75-2a-103
  • Health care: means any care, treatment, service, or procedure to improve, maintain, diagnose, or otherwise affect an individual's physical or mental condition. See Utah Code 75-2a-103
  • Health care decision making capacity: means an adult's ability to make an informed decision about receiving or refusing health care, including:
    (a) the ability to understand the nature, extent, or probable consequences of health status and health care alternatives;
    (b) the ability to make a rational evaluation of the burdens, risks, benefits, and alternatives of accepting or rejecting health care; and
    (c) the ability to communicate a decision. See Utah Code 75-2a-103
  • Health care provider: means the same as that term is defined in Section 78B-3-403, except that "health care provider" does not include an emergency medical services provider. See Utah Code 75-2a-103
  • Physician: means a physician and surgeon or osteopathic surgeon licensed under Title 58, Chapter 67, Utah Medical Practice Act or Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 75-2a-103
  • Physician assistant: means an individual licensed as a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 75-2a-103
  • Surrogate: means a health care decision maker who is:
    (a) an appointed agent;
    (b) a default surrogate under the provisions of Section 75-2a-108; or
    (c) a guardian. See Utah Code 75-2a-103
    (2)  An adult’s current health care decisions, however expressed or indicated, always supersede an adult’s prior decisions or health care directives.

    (3)  Unless otherwise directed in an advance health care directive, an advance health care directive or the authority of a surrogate to make health care decisions on behalf of an adult:

    (a)  is effective only after a physician, physician assistant, or APRN makes a determination of incapacity as provided in Section 75-2a-104;

    (b)  remains in effect during any period of time in which the declarant lacks capacity to make health care decisions; and

    (c)  ceases to be effective when:

    (i)  a declarant disqualifies a surrogate or revokes the advance health care directive;

    (ii)  a health care provider finds that the declarant has health care decision making capacity;

    (iii)  a court issues an order invalidating a health care directive; or

    (iv)  the declarant has challenged the finding of incapacity under the provisions of Subsection 75-2a-104(3).

    Amended by Chapter 99, 2009 General Session

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