reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5429 - Pregnancy

§ 5429. Pregnancy.
(a) Living wills and health care decisions.--
Notwithstanding the existence of a living will, a health care decision by a health care representative or health care agent or any other direction to the contrary, life-sustaining treatment, nutrition and hydration shall be provided to a pregnant woman who is incompetent and has an end-stage medical condition or who is permanently unconscious unless, to a reasonable degree of medical certainty as certified on the pregnant woman's medical record by the pregnant woman's attending physician and an obstetrician who has examined the pregnant woman, life-sustaining treatment, nutrition and hydration:
(1) will not maintain the pregnant woman in such a way as to permit the continuing development and live birth of the unborn child;
(2) will be physically harmful to the pregnant woman; or
(3) will cause pain to the pregnant woman that cannot be alleviated by medication.
(b) Rule for orders.--
Notwithstanding the existence of an order or direction to the contrary, life-sustaining treatment, cardiopulmonary resuscitation, nutrition and hydration shall be provided to a pregnant patient unless, to a reasonable degree of medical certainty as certified on the pregnant patient's medical record by the attending physician and an obstetrician who has examined the pregnant patient, life-sustaining treatment, nutrition and hydration:
(1) will not maintain the pregnant patient in such a way as to permit the continuing development and live birth of the unborn child;
(2) will be physically harmful to the pregnant patient; or
(3) would cause pain to the pregnant patient that cannot be alleviated by medication.
(c) Pregnancy test.--
Nothing in this chapter shall require a physician to perform a pregnancy test unless the physician has reason to believe that the woman may be pregnant.
(d) Payment of expenses by Commonwealth.--
(1) In the event that treatment, cardiopulmonary resuscitation, nutrition and hydration are provided to a pregnant woman, notwithstanding the existence of a living will, health care decision by a health care representative or health care agent, order or direction to the contrary, the Commonwealth shall pay all usual, customary and reasonable expenses directly, indirectly and actually incurred by the pregnant woman to whom such treatment, cardiopulmonary resuscitation, nutrition and hydration are provided.
(2) The Commonwealth shall have the right of subrogation against all moneys paid by any third-party health insurer on behalf of the pregnant woman.
(3) The expenditures incurred on behalf of the pregnant woman constitute a grant, and a lien may not be placed upon the property of the pregnant woman, her estate or her heirs.
Cross References.
Section 5429 is referred to in section 5456 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5430 - Effect of divorce

§ 5430. Effect of divorce.
(a) General rule.--
If the spouse of a principal is designated as the principal's health care agent and thereafter either spouse files an action in divorce, the designation of the spouse as health care agent shall be revoked as of the time the action is filed unless it clearly appears from the advance health care directive that the designation was intended to continue to be effective notwithstanding the filing of an action in divorce by either spouse.
(b) Construction.--
A revocation under this section shall not be construed to invalidate an advance health care directive unless its terms expressly direct otherwise.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5431 - Liability

§ 5431. Liability.
(a) General rule.--
A health care provider or another person may not be subject to criminal or civil liability, discipline for unprofessional conduct or administrative sanctions and may not be found to have committed an act of unprofessional conduct as a result of any of the following:
(1) Causing or participating in the initiating, continuing, withholding or withdrawal of life-sustaining treatment or cardiopulmonary resuscitation from a patient or principal, if the health care provider believes in good faith that he has followed the patient's or principal's wishes as expressed in a living will, order or revocation made under this chapter.
(2) Complying with a direction or decision of an individual who the health care provider believes in good faith has authority to act as a principal's health care agent or health care representative so long as the direction or decision is not clearly contrary to the terms of an advance health care directive that has been delivered to the provider.
(3) Refusing to comply with a direction or decision of an individual based on a good faith belief that the individual lacks authority to act as a principal's health care agent or health care representative or is not acting in accordance with section 5456(c) (relating to authority of health care agent) or 5461(c) (relating to decisions by health care representative).
(4) Complying with an advance health care directive under the assumption that it was valid when made and the health care provider believes in good faith that it has not been amended or revoked.
(5) Disclosing health care information to another person based upon a good faith belief that the disclosure is authorized, permitted or required by this chapter.
(6) Refusing to comply with a direction or decision of an individual based on a good faith belief that compliance with the direction or decision would be unethical or, to a reasonable degree of medical certainty, would result in medical care having no medical basis in addressing any medical need or condition of the individual, provided that the health care provider complies in good faith with sections 5424 (relating to compliance) and 5462(c) (relating to duties of attending physician and health care provider).
(b) Same effect as if dealing with principal.--
Any health care provider and other person acting under subsection (a) is protected and released to the same extent as if dealing directly with a competent principal.
(c) Health care agent.--
No health care agent acting according to the terms of a health care power of attorney shall be subject to civil or criminal liability for acting in good faith for a principal or failing in good faith to act for a principal.
(d) Health care representative.--
No health care representative who in good faith acts or fails in good faith to act for the principal shall be subject to civil or criminal liability for the action or failure to act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5432 - Criminal penalties

§ 5432. Criminal penalties.
(a) Criminal homicide.--
A person shall be subject to prosecution for criminal homicide as provided in 18 Pa.C.S. Ch. 25 (relating to criminal homicide) if the person intends to cause the withholding or withdrawal of life-sustaining treatment contrary to the wishes of the principal or patient and, because of that action, directly causes life-sustaining treatment to be withheld or withdrawn and death to be hastened and:
(1) falsifies or forges the advance health care directive, order, bracelet or necklace of that principal or patient; or
(2) willfully conceals or withholds personal knowledge of a revocation of an advance health care directive or DNR status.
(b) Interference with health care directive.--
A person commits a felony of the third degree if that person willfully:
(1) conceals, cancels, alters, defaces, obliterates or damages an advance health care directive, order, bracelet or necklace without the consent of the principal or patient;
(2) causes a person to execute an advance health care directive or order or wear a bracelet or necklace by undue influence, fraud or duress; or
(3) falsifies or forges an advance health care directive, order, bracelet or necklace or any amendment or revocation thereof, the result of which is a direct change in the health care provided to the principal or patient.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5433 - Forms

§ 5433. Forms.
(a) Substance of forms.--
(1) An advance health care directive may be in the form provided under Subchapter D (relating to combined form) or in any other written form that contains the information required under Subchapters B (relating to living wills) and C (relating to health care agents and representatives).
(2) A Commonwealth agency that licenses health care providers or regulates health care may not prescribe a mandatory form of an advance health care directive.
(b) Combining forms.--
A living will and health care power of attorney may be combined into one document.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5442 - Execution

§ 5442. Execution.
(a) Who may make.--
An individual of sound mind may make a living will governing the initiation, continuation, withholding or withdrawal of life-sustaining treatment if the individual:
(1) is 18 years of age or older;
(2) has graduated from high school;
(3) has married; or
(4) is an emancipated minor.
(b) Requirements.--
A living will shall be:
(1) dated and signed by the principal by signature or mark or by another individual on behalf of and at the direction of the principal if the principal is unable to sign but specifically directs another individual to sign the living will; and
(2) witnessed by two individuals, each of whom is 18 years of age or older.
(c) Witnesses.--
(1) An individual who signs a living will on behalf of and at the direction of a principal may not witness the living will.
(2) A health care provider and its agent may not sign a living will on behalf of and at the direction of a principal if the health care provider or agent provides health care services to the principal.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5443 - When living will operative

§ 5443. When living will operative.
(a) When operative.--
A living will becomes operative when:
(1) a copy is provided to the attending physician; and
(2) the principal is determined by the attending physician to be incompetent and to have an end-stage medical condition or to be permanently unconscious.
(b) Compliance.--
When a living will becomes operative, the attending physician and other health care providers shall act in accordance with its provisions or comply with the transfer provisions of section 5424 (relating to compliance).
(c) Invalidity of specific direction.--
If a specific direction in a living will is held to be invalid, the invalidity does not negate other directions in the living will that can be effected without the invalid direction.
(d) Medical record.--
Any health care provider to whom a copy of a living will is furnished shall make it a part of the medical record of the principal and, if unwilling to comply with the living will, promptly so advise the principal or the principal's health care agent or representative.
(e) Duration.--
Unless a living will states a time of termination, it is valid until revoked by the principal, notwithstanding the lapse of time since its execution.
(f) Absence of living will.--
If an individual does not make a living will, a presumption does not arise regarding the intent of the individual to consent to or to refuse the initiation, continuation, withholding or withdrawal of life-sustaining treatment.
(g) Duty of physician to certify end-stage medical condition.--
Promptly after a determination that the principal has an end-stage medical condition or is permanently unconscious, the attending physician shall certify in writing that the principal has an end-stage medical condition or is permanently unconscious.
Cross References.
Section 5443 is referred to in section 5445 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5444 - Revocation

§ 5444. Revocation.
(a) When living will may be revoked.--
A living will may be revoked at any time and in any manner by the principal regardless of the mental or physical condition of the principal.
(b) Effect of revocation.--
A revocation is effective upon communication to the attending physician or other health care provider by the principal or a witness to the revocation.
(c) Medical record.--
The attending physician or other health care provider shall make the revocation part of the medical record of the principal.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5445 - Emergency medical services

§ 5445. Emergency medical services.
(a) General rule.--
An emergency medical services provider shall, in the course of providing care to a principal, at all times comply with the instructions of an authorized medical command physician to withhold or discontinue cardiopulmonary resuscitation for a principal whose living will has become operative under section 5443(a) (relating to when living will operative).
(b) Applicability.--
This section is applicable only in those instances where an out-of-hospital DNR order is not in effect under section 5484 (relating to orders, bracelets and necklaces).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5446 - Validity

§ 5446. Validity.
(a) Living will executed prior to effective date of subchapter.--
This subchapter does not limit the validity of a living will executed prior to the effective date of this subchapter.
(b) Living will executed in another state or jurisdiction.--
A living will executed in another state or jurisdiction and in conformity with the laws of that state or jurisdiction shall be considered valid in this Commonwealth, except to the extent that the living will executed in another state or jurisdiction would allow a principal to direct procedures inconsistent with the laws of this Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5447 - Form

§ 5447. Form.
A living will may be in any written form expressing the wishes of a principal regarding the initiation, continuation, withholding or withdrawal of life-sustaining treatment and may include other specific directions, including, but not limited to, designation of a health care agent to make health care decisions for the principal if the principal is determined to be incompetent and to have an end-stage medical condition or is permanently unconscious. An example of a living will appears in the combined form set forth in Subchapter D (relating to combined form).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5452 - Execution

§ 5452. Execution.
(a) Who may make.--
An individual of sound mind may make a health care power of attorney if the individual:
(1) is 18 years of age or older;
(2) has graduated from high school;
(3) has married; or
(4) is an emancipated minor.
(b) Requirements.--
A health care power of attorney must be:
(1) dated and signed by the principal by signature or mark or by another individual on behalf of and at the direction of the principal if the principal is unable to sign but specifically directs another individual to sign the health care power of attorney; and
(2) witnessed by two individuals, each of whom is 18 years of age or older.
(c) Witnesses.--
(1) An individual who signs a health care power of attorney on behalf of and at the direction of a principal may not witness the health care power of attorney.
(2) A health care provider and its agent may not sign a health care power of attorney on behalf of and at the direction of a principal if the health care provider or agent provides health care services to the principal.
Cross References.
Section 5452 is referred to in sections 5458, 5459 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5453 - Requirements and options

§ 5453. Requirements and options.
(a) General rule.--
A health care power of attorney shall:
(1) Identify the principal and appoint the health care agent.
(2) Declare that the principal authorizes the health care agent to make health care decisions on behalf of the principal.
(b) Optional provisions.--
A health care power of attorney may, but need not:
(1) Describe any limitations that the principal imposes upon the authority of the health care agent.
(2) Indicate the intent of the principal regarding the initiation, continuation, withholding or withdrawal of life-sustaining treatment.
(3) Indicate whether the principal wants tube feeding or any other artificial or invasive form of nutrition or hydration.
(4) Disqualify an individual from acting as a health care representative, prohibit the appointment of a health care representative or provide for an order of priority of appointment of a health care representative pursuant to section 5461(d) (relating to decisions by health care representative).
(5) Nominate a guardian of the person of the principal as provided in section 5460 (relating to relation of health care agent to court-appointed guardian and other agents).
(6) Contain other provisions as the principal may specify regarding the implementation of health care decisions and related actions by the health care agent or health care representative.
(7) Request that the health care agent or health care representative exercise his sole and absolute discretion to consult the principal's relative, cleric or physician should the health care agent or health care representative be uncertain of the principal's wishes or best interests.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5454 - When health care power of attorney operative

§ 5454. When health care power of attorney operative.
(a) When operative.--
Unless otherwise specified in the health care power of attorney, a health care power of attorney becomes operative when:
(1) a copy is provided to the attending physician; and
(2) the attending physician determines that the principal is incompetent.
(b) When inoperative.--
Unless otherwise specified in the health care power of attorney, a health care power of attorney becomes inoperative during such time as, in the determination of the attending physician, the principal is competent.
(c) Invalidity of specific direction.--
If a specific direction in the health care power of attorney is held to be invalid, the invalidity does not negate other directions in the health care power of attorney that can be effected without the invalid direction.
(d) Duration.--
Unless the health care power of attorney states a time of termination, notwithstanding the lapse of time since the health care power of attorney was executed, the health care power of attorney is valid until revoked by any of the following:
(1) The principal.
(2) The court.
(3) If authorized by the court, the principal's guardian of the person.
(e) Court approval unnecessary.--
A health care decision made by a health care agent for a principal is effective without court approval.
(July 8, 2016, P.L.497, No.79, eff. imd.)
2016 Amendment.
Act 79 amended subsec. (d).
Cross References.
Section 5454 is referred to in section 5456 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5455 - Appointment of health care agents

§ 5455. Appointment of health care agents.
(a) Multiple and successor health care agents.--
A principal may appoint the following in a health care power of attorney:
(1) More than one health care agent who shall act jointly unless the health care power of attorney expressly provides otherwise.
(2) One or more successor agents who shall serve in the order named in the health care power of attorney unless the principal expressly directs to the contrary.
(b) Who may not be appointed health care agent.--
Unless related to the principal by blood, marriage or adoption, a health care agent of the principal may not be any of the following:
(1) The principal's attending physician or other health care provider.
(2) An owner, operator or employee of a health care provider in which the principal is receiving care.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5457 - Countermand

§ 5457. Countermand.
(a) Competent principal.--
A principal of sound mind may countermand any health care decision made by the principal's health care agent at any time and in any manner by personally informing the attending physician or health care provider.
(b) Incompetent principal.--
Regardless of the principal's mental or physical capacity, a principal may countermand a health care decision made by the principal's health care agent that would withhold or withdraw life-sustaining treatment at any time and in any manner by personally informing the attending physician.
(c) Attending physician.--
The attending physician or health care provider shall make reasonable efforts to promptly inform the health care agent of a countermand under this section.
(d) Health care agent.--
A countermand exercised under this section shall not affect the authority of a health care agent to make other health care decisions in accordance with the health care power of attorney.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5458 - Amendment

§ 5458. Amendment.
While of sound mind, a principal may amend a health care power of attorney by a writing executed in accordance with the provisions of section 5452 (relating to execution). An amendment may include the revocation in part of the health care power of attorney or the designation of new or additional health care agents.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5459 - Revocation

§ 5459. Revocation.
(a) When health care power of attorney may be revoked.--
While of sound mind, a principal may revoke a health care power of attorney by a writing executed in accordance with the provisions of section 5452 (relating to execution) or by personally informing the attending physician, health care provider or health care agent that the health care power of attorney is revoked.
(b) Reliance on health care power of attorney.--
A health care provider may rely on the effectiveness of a health care power of attorney unless notified of its revocation.
(c) Subsequent action by agent.--
A health care agent, knowing of the revocation of the health care power of attorney, may not make or attempt to make health care decisions for the principal.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5460 - Relation of health care agent to court-appointed guardian and other agents

§ 5460. Relation of health care agent to court-appointed guardian and other agents.
(a) Accountability of health care agent.--
If a principal who has executed a health care power of attorney is later adjudicated an incapacitated person and a guardian of the person to make health care decisions is appointed by a court, the health care agent is accountable to the guardian as well as to the principal. In its guardianship order and determination of a person's incapacity, the court shall determine the extent to which the health care agent's authority to act remains in effect.
(b) Nomination of guardian of person.--
In a health care power of attorney, a principal may nominate a guardian of the person for the principal for consideration by a court if incapacity proceedings for the principal's person are thereafter commenced. If a court determines that the appointment of a guardian is necessary, the court shall appoint a guardian in accordance with the principal's most recent nomination except for good cause or disqualification.
(c) Reasonable expenses.--
In fulfilling the health care needs for a principal, a health care agent may incur reasonable expenses, including the purchase of health care insurance, to the extent the expenses are not otherwise covered by insurance or other similar benefits. Payment for the expenses or reimbursement to the health care agent for the expenses from the principal's funds shall be made by either of the following:
(1) A guardian of the estate of the principal.
(2) An agent acting on behalf of the principal under a power of attorney if the agent has the power to disburse the funds of the principal.
(July 8, 2016, P.L.497, No.79, eff. Jan. 1, 2017)
2016 Amendment.
Act 79 amended subsec. (a).
Cross References.
Section 5460 is referred to in sections 5453, 5456, 5461 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5462 - Duties of attending physician and health care provider

§ 5462. Duties of attending physician and health care provider.
(a) Duty to certify end-stage medical condition.--
Promptly after a determination that a principal has an end-stage medical condition or is permanently unconscious, the attending physician shall certify in writing that the principal has an end-stage medical condition or is permanently unconscious.
(b) Communication of health care decision.--
Whenever possible before implementing a health care decision made by a health care representative or health care agent, an attending physician or health care provider shall promptly communicate to the principal the decision and the identity of the person making the decision.
(c) Compliance with decisions of health care agent and health care representative.--
(1) Health care necessary to preserve life shall be provided to an individual who has neither an end-stage medical condition nor is permanently unconscious, except if the individual is competent and objects to such care or a health care agent objects on behalf of the principal if authorized to do so by the health care power of attorney or living will. In every other case, subject to any limitation specified in the health care power of attorney, an attending physician or health care provider shall comply with a health care decision made by a health care agent or health care representative to the same extent as if the decision had been made by the principal.
(2) In all circumstances this subsection shall be construed so as to be consistent with the Americans with Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327).
(d) Medical record.--
(1) An attending physician or health care provider who is given a health care power of attorney shall arrange for the health care power of attorney or a copy to be placed in the medical record of the principal.
(2) An attending physician or health care provider to whom an amendment or revocation of a health care power of attorney is communicated shall promptly enter the information in the medical record of the principal and maintain a copy if one is furnished.
(e) Record of determination.--
An attending physician who determines that a principal is incompetent or has become competent or makes a determination that affects the authority of a health care agent shall enter the determination in the medical record of the principal and, if possible, promptly inform the principal and any health care agent of the determination.
Cross References.
Section 5462 is referred to in sections 5431, 5456, 5461 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5463 - Effect on other State law

§ 5463. Effect on other State law.
(a) Mental health.--
This subchapter does not affect the requirements of other laws of this Commonwealth regarding consent to observation, diagnosis, treatment or hospitalization for a mental illness.
(b) Prohibited care.--
This subchapter does not authorize a health care agent or health care representative to consent to any health care prohibited by the laws of this Commonwealth.
(c) Consent.--
This subchapter does not affect the laws of this Commonwealth regarding any of the following:
(1) The standard of care of a health care provider required in the administration of health care.
(2) When consent is required for health care.
(3) Informed consent for health care.
(4) Consent to health care in an emergency.
(d) Preservation of religious rights.--
This subchapter does not prevent a health care agent or health care representative from consenting to health care administered in good faith pursuant to religious beliefs of the principal or from withholding consent to health care that is contrary to religious beliefs of the principal.
(e) Rights of individuals.--
This subchapter does not affect the right of an individual to make health care decisions.
(f) Disclosure.--
The disclosure requirements of section 5456(d) (relating to authority of health care agent) supersede any provision in any other State statute or regulation that requires the principal to consent to disclosure or which otherwise conflicts with section 5456(d), including, but not limited to, the following:
(1) Section 8 of the act of April 14, 1972 (P.L.221, No.63), known as the Pennsylvania Drug and Alcohol Abuse Control Act.
(2) Section 111 of the act of July 9, 1976 (P.L.817, No.143), known as the Mental Health Procedures Act.
(3) Section 15 of the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act.
(4) Section 41 of the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985.
(5) Section 7 of the act of November 29, 1990 (P.L.585, No.148), known as the Confidentiality of HIV-Related Information Act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5464 - Validity

§ 5464. Validity.
This subchapter does not limit the validity of a power of attorney executed prior to the effective date of this subchapter. A health care power of attorney executed in another state or jurisdiction and in conformity with the laws of that state or jurisdiction shall be considered valid in this Commonwealth, except to the extent that the health care power of attorney executed in another state or jurisdiction would allow a health care agent to make a health care decision inconsistent with the laws of this Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5465 - Form

§ 5465. Form.
A health care power of attorney may be in any written form identifying the principal, appointing a health care agent and declaring that the principal authorizes the health care agent to make health care decisions on behalf of the principal. An example of a health care power of attorney appears in the combined form set forth in Subchapter D (relating to combined form).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5482 - Legislative findings and intent

§ 5482. Legislative findings and intent.
The General Assembly finds and declares as follows:
(1) Although cardiopulmonary resuscitation has saved the lives of individuals about to experience sudden, unexpected death, present medical data indicates that cardiopulmonary resuscitation rarely leads to prolonged survival in individuals with terminal illnesses in whom death is expected.
(2) In many circumstances, the performance of cardiopulmonary resuscitation may inflict unwanted and unnecessary pain and suffering.
(3) Existing emergency medical services protocols may require emergency medical services personnel to proceed to cardiopulmonary resuscitation when an individual is found in a cardiac or respiratory arrest even if the individual has completed an advance health care directive indicating that the individual does not wish to receive cardiopulmonary resuscitation.
(4) The administration of cardiopulmonary resuscitation by emergency medical services personnel to an individual with an out-of-hospital do-not-resuscitate order offends the dignity of the individual and conflicts with standards of accepted medical practice.
(5) This subchapter provides clear direction to emergency medical services personnel and other health care providers in regard to the performance of cardiopulmonary resuscitation.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5483 - Definitions

§ 5483. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Department."
The Department of Health of the Commonwealth.
"Emergency medical services provider."
A health care provider recognized under the act of July 3, 1985 (P.L.164, No.45), known as the Emergency Medical Services Act. The term includes those individuals recognized under 42 Pa.C.S. § 8331.2 (relating to good Samaritan civil immunity for use of automated external defibrillator).
"EMS."
Emergency medical services.
"Health care provider."
A person who is licensed, certified or otherwise authorized by the laws of this Commonwealth to administer or provide health care in the ordinary course of business or practice of a profession. The term includes personnel recognized under the act of July 3, 1985 (P.L.164, No.45), known as the Emergency Medical Services Act, and those individuals recognized under 42 Pa.C.S. § 8331.2 (relating to good Samaritan civil immunity for use of automated external defibrillator).
"Out-of-hospital do-not-resuscitate bracelet."
A bracelet in the standard format set forth in section 5484 (relating to orders, bracelets and necklaces), supplied by the department and issued by the attending physician, which may be worn at the patient's option to notify emergency medical services providers of the presence of an order.
"Out-of-hospital do-not-resuscitate necklace."
A necklace in the standard format set forth in section 5484 (relating to orders, bracelets and necklaces), supplied by the department and issued by the attending physician, which may be worn at the patient's option to notify emergency medical services providers of the presence of an order.
"Out-of-hospital do-not-resuscitate order."
An order in the standard format set forth in section 5484 (relating to orders, bracelets and necklaces), supplied by the department and issued by the attending physician, directing emergency medical services providers to withhold cardiopulmonary resuscitation from the patient in the event of respiratory or cardiac arrest.
"Out-of-hospital do-not-resuscitate patient."
An individual who:
(1) Has an end-stage medical condition or is permanently unconscious.
(2) Pursuant to section 5484(a) (relating to orders, bracelets and necklaces), possesses and in any manner displays or causes to be displayed for emergency medical services providers an apparently valid order, bracelet or necklace.
"Surrogate."
A health care agent or a health care representative.
References in Text.
The act of July 3, 1985 (P.L.164, No.45), known as the Emergency Medical Services Act, referred to in the defs. of "emergency medical services provider" and "health care provider," was repealed by the act of August 18, 2009 (P.L.308, No.37). The subject matter is now contained in Chapter 81 of Title 35 (Health and Safety).
Cross References.
Section 5483 is referred to in section 5422 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5485 - Revocation

§ 5485. Revocation.
(a) Patient.--
If a patient has obtained an order, only the patient may revoke the patient's DNR status.
(b) Surrogate.--
If a surrogate has obtained an order, the patient or the surrogate may revoke a patient's status.
(c) Manner.--
Revocation under this section may be done at any time without regard to the patient's physical or mental condition and in any manner, including verbally or by destroying or not displaying the order, bracelet or necklace.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5486 - Absence of order, bracelet or necklace

§ 5486. Absence of order, bracelet or necklace.
If an order has not been issued by an attending physician, a presumption does not arise as to the intent of the individual to consent to or to refuse the initiation, continuation or termination of life-sustaining treatment.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5487 - Emergency medical services

§ 5487. Emergency medical services.
(a) Medical command instructions.--
Notwithstanding the absence of an order, bracelet or necklace pursuant to this section, emergency medical services providers shall at all times comply with the instructions of an authorized medical command physician to withhold or discontinue resuscitation.
(b) Effect of order, bracelet or necklace.--
(1) Emergency medical services providers are authorized to and shall comply with an order if made aware of the order by examining a bracelet, a necklace or the order itself.
(2) Emergency medical services providers shall provide other medical interventions necessary and appropriate to provide comfort and alleviate pain, including intravenous fluids, medications, oxygen and any other intervention appropriate to the level of the certification of the provider, unless otherwise directed by the patient or the emergency medical services provider's authorized medical command physician.
(3) As used in this subsection, the term "comply" means:
(i) to withhold cardiopulmonary resuscitation from the patient in the event of respiratory or cardiac arrest; or
(ii) to discontinue and cease cardiopulmonary resuscitation in the event the emergency medical services provider is presented with an order or discovers a necklace or bracelet after initiating cardiopulmonary resuscitation.
(c) Uncertainty regarding validity or applicability of order, bracelet or necklace.--
(1) Emergency medical services providers who in good faith are uncertain about the validity or applicability of an order, bracelet or necklace shall render care in accordance with their level of certification.
(2) Emergency medical services providers who act under paragraph (1) shall not be subject to civil or criminal liability or administrative sanction for failure to comply with an order under this section.
(d) Recognition of other states' orders.--
Emergency medical services or out-of-hospital DNR orders, bracelets or necklaces valid in states other than this Commonwealth shall be recognized in this Commonwealth to the extent that these orders, bracelets or necklaces and the criteria for their issuance are consistent with the laws of this Commonwealth. Emergency medical services providers shall act in accordance with the provisions of this section when encountering a patient with an apparently valid EMS or out-of-hospital DNR form, bracelet or necklace issued by another state. Emergency medical services providers acting in good faith under this section shall be entitled to the same immunities and protections that would otherwise be applicable.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5488 - Advisory committee

§ 5488. Advisory committee.
(a) Establishment.--
Within 60 days of the effective date of this section, the department shall establish a committee to assist it in determining the advisability of using a standardized form containing orders by qualified physicians that detail the scope of medical treatment for patients' life-sustaining wishes.
(b) Membership.--
The committee shall include representatives from the Pennsylvania Medical Society, the Hospital and Health System Association of Pennsylvania, the Joint State Government Commission's Advisory Committee on Decedents' Estates Laws, the Pennsylvania Bar Association, the Department of Aging, the Department of Public Welfare and other interested persons at the department's discretion.
(c) Scope of review.--
The committee's review shall include, but not be limited to, examination of the following:
(1) The need to adopt this type of standardized form in view of the existing use of do-not-resuscitate orders.
(2) The use and evaluation of use of such forms in other states.
(3) Any other matters determined by the department to be relevant to its determination.
References
in Text.
The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54A - Out-of-Hospital Nonresuscitation (Deleted by amendment) › Section 54A01 - § 54A13 - (Deleted by amendment)

2006 Deletion.
Chapter 54A (§§ 54A01 - 54A13) was added June 19, 2002, P.L.409, No.59, and deleted by amendment November 29, 2006, P.L.1484, No.169, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 55 - Incapacitated Persons › Extra - Chapter Notes

Enactment.
Chapter 55 was added June 30, 1972, P.L.508, No.164, effective July 1, 1972.
Cross References.
Chapter 55 is referred to in sections 102, 5902, 5912, 5922 of this title; section
            4A211 of Title 13 (Commercial Code); section 62A05 of Title 42 (Judiciary and Judicial
            Procedure).
Cross References.
Subchapter C is referred to in section 5833 of this title; section 3505 of Title 5
            (Athletics and Sports).
Enactment.
Subchapter F was added April 16, 1992, P.L.108, No.24, effective in 60 days.
Cross References.
Subchapter F is referred to in sections 3155, 5511, 5521 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 55 - Incapacitated Persons › Section 5501 - Meaning of incapacitated person

§ 5501. Meaning of incapacitated person.
"Incapacitated person" means an adult whose ability to receive and evaluate information effectively and communicate decisions in any way is impaired to such a significant extent that he is partially or totally unable to manage his financial resources or to meet essential requirements for his physical health and safety.
(Dec. 10, 1974, P.L.899, No.295, eff. imd.; Apr. 16, 1992, P.L.108, No.24, eff. 60 days)
1992 Amendment.
See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
Cross References.
Section 5501 is referred to in section 2514 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 55 - Incapacitated Persons › Section 5502 - Purpose of chapter

§ 5502. Purpose of chapter.
Recognizing that every individual has unique needs and differing abilities, it is the purpose of this chapter to promote the general welfare of all citizens by establishing a system which permits incapacitated persons to participate as fully as possible in all decisions which affect them, which assists these persons in meeting the essential requirements for their physical health and safety, protecting their rights, managing their financial resources and developing or regaining their abilities to the maximum extent possible and which accomplishes these objectives through the use of the least restrictive alternative; and recognizing further that when guardianship services are necessary, it is important to facilitate the finding of suitable individuals or entities willing to serve as guardians.
(Apr. 16, 1992, P.L.108, No.24, eff. 60 days)
1992 Amendment.
Act 24 added section 5502. See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 55 - Incapacitated Persons › Section 5505 - Provisions similar to small estates of minors

§ 5505. Provisions similar to small estates of minors.
The provisions concerning small estates of incapacitated persons shall be the same as are set forth in the following provisions of this title relating to minors' estates:
Section 5101 (relating to when guardian unnecessary).
Section 5102 (relating to power of natural guardian).
Section 5103 (relating to sequestered deposit).
(Dec. 10, 1974, P.L.867, No.293, eff. imd.; Feb. 18, 1982, P.L.45, No.26, eff. imd.; Apr. 16, 1992, P.L.108, No.24, eff. 60 days)
1992 Amendment.
See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 55 - Incapacitated Persons › Section 5512 - County of appointment; qualifications

§ 5512. County of appointment; qualifications.
(a) Resident incapacitated person.--
A guardian of the person or estate of an incapacitated person may be appointed by the court of the county in which the incapacitated person is domiciled, is a resident or is residing in a long-term care facility.
(b) Nonresident incapacitated person.--
A guardian of the estate within the Commonwealth of an incapacitated person domiciled outside of the Commonwealth may be appointed by the court of the judicial district having jurisdiction of a decedent's estate or of a trust in which the incapacitated person has an interest. When the nonresident incapacitated person's estate is derived otherwise than from a decedent's estate or a trust within the Commonwealth, a guardian may be appointed by the court of any county where an asset of the incapacitated person is located.
(c) Exclusiveness of appointment.--
When a court has appointed a guardian of the person or estate of an incapacitated person pursuant to subsection (a) or (b), no other court shall appoint a similar guardian for the incapacitated person within the Commonwealth.
(Apr. 16, 1992, P.L.108, No.24, eff. 60 days)
1992 Amendment.
See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 55 - Incapacitated Persons › Section 5512.3 - Annual report

§ 5512.3. Annual report.
The court shall annually file with the Supreme Court Administrator's Office on forms furnished by the office a statistical and descriptive report to assist in evaluating the operation and costs of the guardianship system.
(Apr. 16, 1992, P.L.108, No.24, eff. 60 days)
1992 Amendment.
Act 24 added section 5512.3. See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.