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2019 Arkansas Code
Title 20 - Public Health and Welfare
Subtitle 2 - Health and Safety
Chapter 6 - General Provisions
Subchapter 1 - Arkansas Healthcare Decisions Act
§ 20-6-109. Compliance by Healthcare Provider or Institution

Universal Citation: AR Code § 20-6-109 (2019)
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  • (a) Except as provided in subsections (b)-(d) of this section, a healthcare provider or institution providing care to a principal shall comply with:

    • (1) An individual instruction of the principal and with a reasonable interpretation of that instruction by a person authorized to make healthcare decisions for the principal; and

    • (2) A healthcare decision for the principal made by a person authorized to make healthcare decisions for the principal to the same extent as if the decision had been made by the principal while having capacity.

  • (b) A healthcare provider may decline to comply with an individual instruction or healthcare decision for reasons of conscience.

  • (c) A healthcare institution may decline to comply with an individual instruction or healthcare decision if the instruction or decision:

    • (1) Is contrary to a policy of the institution that is based on reasons of conscience; and

    • (2) The policy was timely communicated to the principal or to a person authorized to make healthcare decisions for the principal.

  • (d) A healthcare provider or institution may decline to comply with an individual instruction or healthcare decision that requires medically inappropriate health care or health care contrary to generally accepted healthcare standards applicable to the healthcare provider or institution.

  • (e) A healthcare provider or institution that declines to comply with an individual instruction or healthcare decision under subsection (b), subsection (c), or subsection (d) of this section shall:

    • (1) Inform promptly the principal, if possible, or a person authorized to make healthcare decisions for the principal;

    • (2) Provide continuing care to the principal until a transfer can be effected or until a determination has been made that a transfer cannot be effected; and

    • (3)

      • (A) Unless the principal or person authorized to make healthcare decisions for the principal refuses assistance, immediately make all reasonable efforts to assist in the transfer of the principal to another healthcare provider or healthcare institution that is willing to comply with the instruction or decision.

      • (B) If a transfer cannot be effected, the healthcare provider or institution shall not be compelled to comply.

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