35ORequirement to make reasonable inquiries as to advance care directive

### 35O Requirement to make reasonable inquiries as to advance care directive > > (1)  In this section – > > > > > ***health care facility*** means a hospital, nursing home or such other facility as is prescribed for the purposes of this definition. > > > (2)  [*\[Section 35O Subsection (2) amended by No. 21 of 2023, s. 29, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS29@Hpc@EN) If a health practitioner reasonably believes that an adult has impaired decision-making ability in respect of a health care decision, the health practitioner must, before providing health care to that adult, make reasonable efforts – > > > > > > (a) to ascertain if the adult has given an advance care directive; and > > > > > > > (b) if the adult has given an advance care directive, to obtain a copy of that advance care directive. > > > (3)  If a health practitioner reasonably believes that a child has given an advance care directive, the health practitioner must make reasonable efforts to obtain a copy of that advance care directive before providing health care to that child. > > > (4)  [Subsections (2)](#GS35O@Gs2@EN) and [(3)](#GS35O@Gs3@EN) apply subject to [section 35V](#GS35V@EN) . > > > (5)  The person in charge of a health care facility must take reasonable steps – > > > > > > (a) to ascertain if a person who is cared for in that facility has given an advance care directive; and > > > > > > > (b) if the person who is cared for in that facility has given an advance care directive, to ensure that a copy of the advance care directive is placed on the person’s health records at the facility.