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145C.15 DUTY TO PROVIDE LIFE-SUSTAINING HEALTH CARE.
(a) If a proxy acting under chapter 145B or a health care agent acting under this chapter
directs the provision of health care, nutrition, or hydration that, in reasonable medical judgment,
has a significant possibility of sustaining the life of the principal or declarant, a health care
provider shall take all reasonable steps to ensure the provision of the directed health care,
nutrition, or hydration if the provider has the legal and actual capability of providing the health
care either itself or by transferring the principal or declarant to a health care provider who has that
capability. Any transfer of a principal or declarant under this paragraph must be done promptly
and, if necessary to preserve the life of the principal or declarant, by emergency means. This
paragraph does not apply if a living will under chapter 145B or a health care directive indicates
an intention to the contrary.
(b) A health care provider who is unwilling to provide directed health care under paragraph
(a) that the provider has the legal and actual capability of providing may transfer the principal
or declarant to another health care provider willing to provide the directed health care but the
provider shall take all reasonable steps to ensure provision of the directed health care until the
principal or declarant is transferred.
(c) Nothing in this section alters any legal obligation or lack of legal obligation of a health
care provider to provide health care to a principal or declarant who refuses, has refused, or is
unable to pay for the health care.
History: 1993 c 312 s 16; 1998 c 399 s 26