2022 Maine Revised Statutes
TITLE 18-C: PROBATE CODE
Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS
Part 8: UNIFORM HEALTH CARE DECISIONS ACT
18-C §5-810. Immunities

§5-810. Immunities

1.  Health care provider or institution.  A health care provider or health care institution acting in good faith and in accordance with generally accepted health care standards applicable to the health care provider or health care institution is not subject to civil or criminal liability or to discipline for unprofessional conduct for:  

A. Complying with a health care decision of a person apparently having authority and capacity to make a health care decision for a patient, including a decision to withhold or withdraw health care;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

B. Declining to comply with a health care decision of a person based on a belief that the person then lacked authority or capacity or that the decision otherwise does not comply with this Part;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

C. Complying with an advance health care directive and assuming that the directive was valid when made and has not been revoked or terminated; or   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

D. Seeking judicial relief from a court of competent jurisdiction.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2.  Agent, guardian or surrogate.  An individual acting as agent, guardian or surrogate under this Part is not subject to civil or criminal liability or to discipline for unprofessional conduct for health care decisions made in good faith.  

[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

SECTION HISTORY

PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).

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