Utah Code 75-2a-104. Capacity to make health care decisions — Presumption — Overcoming presumption
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(1) An adult is presumed to have:
Terms Used In Utah Code 75-2a-104
- Adult: means an individual who is:(1)(a) at least 18 years old; or(1)(b) an emancipated minor. See Utah Code 75-2a-103
- APRN: means an individual who is:
(4)(a) certified or licensed as an advance practice registered nurse under Subsection58-31b-301 (2)(e);(4)(b) an independent practitioner; and(4)(c) acting within the scope of practice for that individual, as provided by law, rule, and specialized certification and training in that individual's area of practice. See Utah Code 75-2a-103- Court: means any of the courts of record in this state having jurisdiction in matters relating to the affairs of decedents. See Utah Code 75-1-201 v2
- Health care: means any care, treatment, service, or procedure to improve, maintain, diagnose, or otherwise affect an individual's physical or mental condition. See Utah Code 75-2a-103
- Health care decision making capacity: means an adult's ability to make an informed decision about receiving or refusing health care, including:
(13)(a) the ability to understand the nature, extent, or probable consequences of health status and health care alternatives;(13)(b) the ability to make a rational evaluation of the burdens, risks, benefits, and alternatives of accepting or rejecting health care; and(13)(c) the ability to communicate a decision. See Utah Code 75-2a-103- Health care facility: means :
(14)(a) a health care facility as defined in Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection; and(14)(b) private offices of physicians, dentists, and other health care providers licensed to provide health care under Title 58, Occupations and Professions. See Utah Code 75-2a-103- Health care provider: means the same as that term is defined in Section
78B-3-403 , except that "health care provider" does not include an emergency medical services provider. See Utah Code 75-2a-103- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: means an individual or an organization. See Utah Code 75-1-201 v2
- Physician: means a physician and surgeon or osteopathic surgeon licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 75-2a-103
- Physician assistant: means an individual licensed as a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 75-2a-103
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 75-1-201 v2
- Surrogate: means a health care decision maker who is:
(23)(a) an appointed agent;(23)(b) a default surrogate under the provisions of Section75-2a-108 ; or(23)(c) a guardian. See Utah Code 75-2a-103(1)(a) health care decision making capacity; and(1)(b) capacity to make or revoke an advance health care directive.(2) To overcome the presumption of capacity described in Subsection (1)(a), a physician, an APRN, or a physician assistant who has personally examined the adult and assessed the adult’s health care decision making capacity must:(2)(a) find that the adult lacks health care decision making capacity;(2)(b) record the finding in the adult’s medical chart including an indication of whether the adult is likely to regain health care decision making capacity; and(2)(c) make a reasonable effort to communicate the determination to:(2)(c)(i) the adult;(2)(c)(ii) other health care providers or health care facilities that the person who makes the finding would routinely inform of such a finding; and(2)(c)(iii) if the adult has a surrogate, any known surrogate.(3)(3)(a) An adult who is found to lack health care decision making capacity in accordance with Subsection (2) may, at any time, challenge the finding by:(3)(a)(i) submitting to a health care provider a written notice stating that the adult disagrees with the physician’s or physician assistant’s finding; or(3)(a)(ii) orally informing the health care provider that the adult disagrees with the finding.(3)(b) A health care provider who is informed of a challenge under Subsection (3)(a), shall, if the adult has a surrogate, promptly inform the surrogate of the adult’s challenge.(3)(c) A surrogate informed of a challenge to a finding under this section, or the adult if no surrogate is acting on the adult’s behalf, shall inform the following of the adult’s challenge:(3)(c)(i) any other health care providers involved in the adult’s care; and(3)(c)(ii) the health care facility, if any, in which the adult is receiving care.(3)(d) Unless otherwise ordered by a court, a finding, under Subsection (2), that the adult lacks health care decision making capacity, is not in effect if the adult challenges the finding under Subsection (3)(a).(3)(e) If an adult does not challenge the finding described in Subsection (2), the health care provider and health care facility may rely on a surrogate, pursuant to the provisions of this chapter, to make health care decisions for the adult.(4) A health care provider or health care facility that relies on a surrogate to make decisions on behalf of an adult has an ongoing obligation to consider whether the adult continues to lack health care decision making capacity.(5) If at any time a health care provider finds, based on an examination and assessment, that the adult has regained health care decision making capacity, the health care provider shall record the results of the assessment in the adult’s medical record, and the adult can direct the adult’s own health care. - APRN: means an individual who is: