2020 Arkansas Code
Title 20 - Public Health and Welfare
Subtitle 2 - Health and Safety
Chapter 6 - General Provisions
Subchapter 1 - Arkansas Healthcare Decisions Act
§ 20-6-102. Definitions

As used in this subchapter:

1. (1) “Advance directive” means an individual instruction or a written statement that anticipates and directs the provision of health care for an individual, including without limitation a living will or a durable power of attorney for health care;

2. (2) “Agent” means an individual designated in an advance directive to make a healthcare decision for the individual granting the power;

3. (3) “Capacity” means an individual's ability to understand the significant benefits, risks, and alternatives to proposed health care and to make and communicate a healthcare decision;

4. (4)

   1. (A) “Durable power of attorney for health care” means a written advance directive that identifies an agent who is authorized to make healthcare decisions on behalf of the principal.

   2. (B) “Durable power of attorney for health care” includes without limitation a document appointing a healthcare proxy executed under § 20-17-202;

5. (5) “Emancipated minor” means a minor who has been emancipated under § 9-27-362;

6. (6) “Emergency responder” means a paid or volunteer firefighter, law enforcement officer, or other public safety official or volunteer acting within the scope of his or her proper function or rendering emergency care at the scene of an emergency;

7. (7) “Guardian” means a judicially appointed guardian or conservator having authority to make a healthcare decision for an individual;

8. (8) “Health care” means any care, treatment, service, or procedure to maintain, diagnose, treat, or otherwise affect an individual's physical or mental condition, including medical care;

9. (9) “Healthcare decision” means consent, refusal of consent, or withdrawal of consent to health care;

10. (10)

    1. (A) “Healthcare institution” means an agency, institution, facility, or place, whether publicly or privately owned or operated, that provides healthcare services, medical treatment, or nursing or rehabilitative care to a person.

    2. (B) “Healthcare institution” includes without limitation:

       1. (i) An ambulatory surgical facility;

       2. (ii) A birthing center;

       3. (iii) A home health agency;

       4. (iv) A hospital;

       5. (v) An intermediate care facility for individuals with intellectual disabilities;

       6. (vi) A mental health center;

       7. (vii) An assisted living facility;

       8. (viii) A nursing home;

       9. (ix) An outpatient diagnostic center;

       10. (x) A residential treatment facility;

       11. (xi) A rehabilitation facility; and

       12. (xii) A hospice;

11. (11) “Healthcare provider” means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession;

12. (12) “Individual instruction” means an individual's direction concerning a healthcare decision for the individual;

13. (13)

    1. (A) “Living will” means a written advance directive describing the principal's individual instructions for health care to be provided or withheld if the principal subsequently lacks decision-making capacity.

    2. (B) “Living will” includes without limitation a declaration executed under § 20-17-202;

14. (14) “Medical care” means the diagnosis, cure, mitigation, treatment, or prevention of disease for the purpose of affecting any structure or function of the body;

15. (15) “Person” means an individual, corporation, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, instrumentality, or any other legal or commercial entity;

16. (16) “Person authorized to consent on the principal's behalf” means:

    1. (A) A person authorized by law to consent on behalf of the principal when the principal is incapable of making an informed decision; or

    2. (B) In the case of a minor child, the parent or parents having custody of the child, the child's legal guardian, or another person as otherwise provided by law;

17. (17) “Personally inform” means to communicate by any effective means from the principal directly to a healthcare provider;

18. (18) “Physician” means an individual authorized to practice medicine or osteopathy in this state;

19. (19) “Principal” means an individual who grants authority to another individual under this subchapter;

20. (20) “Qualified emergency medical service personnel” includes without limitation emergency medical technicians, paramedics, or other emergency services personnel, providers, or entities acting within the usual course of their professions, and other emergency responders;

21. (21) “Reasonably available” means readily able to be contacted without undue effort and willing and able to act in a timely manner considering the urgency of the principal's healthcare needs, including without limitation availability by telephone;

22. (22) “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States;

23. (23) “Supervising healthcare provider” means a licensed physician or other authorized independent healthcare provider who has undertaken primary responsibility for an individual's health care;

24. (24) “Surrogate” means an individual, other than a principal's agent or guardian, authorized under this subchapter to make a healthcare decision for the principal; and

25. (25) “Treating healthcare provider” means a healthcare provider who is directly or indirectly involved in providing health care to the principal.