(a) In the absence of evidence to the contrary of the patient’s intent, this chapter establishes a presumption in favor of life, consistent with the best interest of the patient.
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Terms Used In Alaska Statutes 13.52.120

  • advance health care directive: means an individual instruction or a durable power of attorney for health care. See Alaska Statutes 13.52.390
  • agent: means an individual designated in a durable power of attorney for health care to make a health care decision for the individual granting the power. See Alaska Statutes 13.52.390
  • best interest: means that the benefits to the individual resulting from a treatment outweigh the burdens to the individual resulting from that treatment after assessing
    (A) the effect of the treatment on the physical, emotional, and cognitive functions of the patient. See Alaska Statutes 13.52.390
  • cardiopulmonary resuscitation: means an attempt to restore spontaneous circulation. See Alaska Statutes 13.52.390
  • do not resuscitate identification: means an identification card, form, necklace, or bracelet that carries the standardized design or symbol developed by the department under Alaska Stat. See Alaska Statutes 13.52.390
  • do not resuscitate order: means a directive from a licensed physician, advanced practice registered nurse, or physician assistant that emergency cardiopulmonary resuscitation should not be administered to a qualified patient. See Alaska Statutes 13.52.390
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • generally accepted health care standards: includes the protocol for do not resuscitate orders that is adopted under Alaska Stat. See Alaska Statutes 13.52.390
  • health care: means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect an individual's physical or mental condition. See Alaska Statutes 13.52.390
  • health care provider: means an individual licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business or practice of a profession. See Alaska Statutes 13.52.390
  • life-sustaining procedures: means any medical treatment, procedure, or intervention that, in the judgment of the primary physician, advanced practice registered nurse, or physician assistant, when applied to a patient with a qualifying condition, would not be effective to remove the qualifying condition, would serve only to prolong the dying process, or, when administered to a patient with a condition of permanent unconsciousness, may keep the patient alive but is not expected to restore consciousness. See Alaska Statutes 13.52.390
  • mental health facility: has the meaning given to "designated treatment facility" in Alaska Stat. See Alaska Statutes 13.52.390
  • state: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See Alaska Statutes 13.52.390
  • surrogate: means an individual, other than a patient's agent or guardian, authorized under this chapter to make a health care decision for the patient. See Alaska Statutes 13.52.390
(b) Notwithstanding any other provision of law, death resulting from the withholding or withdrawal of cardiopulmonary resuscitation or other life-sustaining procedures does not, for any purpose, constitute a suicide or homicide if the withholding or withdrawal is

(1) consistent with this chapter; and
(2) from an individual

(A) for whom a do not resuscitate order has not been issued;
(B) for whom a do not resuscitate order has been issued under

(i) the protocol for do not resuscitate orders established under Alaska Stat. § 13.52.065; or
(ii) a do not resuscitate identification found on the individual.
(c) The issuance of a do not resuscitate order under this chapter, the possession of do not resuscitate identification under this chapter, or the making of a health care directive under this chapter does not affect in any manner the sale, procurement, or issuance of a policy of life insurance, and does not modify the terms of an existing policy of life insurance. A policy of life insurance is not legally impaired or invalidated in any manner by the withholding or withdrawal of life-sustaining procedures from an insured individual or the withholding or withdrawal of cardiopulmonary resuscitation from an individual who possesses do not resuscitate identification or for whom a do not resuscitate order has been issued, notwithstanding any term of the policy to the contrary.
(d) This chapter does not authorize mercy killing, assisted suicide, or euthanasia.
(e) This chapter does not authorize or require a health care provider or institution to provide health care contrary to generally accepted health care standards applicable to the health care provider or institution.
(f) This chapter does not authorize an agent or a surrogate to consent to the admission of an individual to a mental health facility unless the individual’s written advance health care directive expressly so provides, and the period of admission may not exceed 17 days.
(g) This chapter does not affect other statutes of this state governing treatment for mental illness of an individual involuntarily committed to a mental health facility.
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