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] 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) and (3) apply subject to section 35V .

(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.