Oklahoma § 63-2200.21 - Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1,

§ 63-2200.21. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1,

2009.

NOTE: This section was held unconstitutional by the Oklahoma

Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008

OK 102 (2009).

§63-2200.21A. Effect of anatomical gift on advance health care

directive.

A. As used in this section:

1. “Advance health care directive” means a power of attorney

for health care or a record signed or authorized by a prospective

Oklahoma Statutes - Title 63. Public Health and Safety

donor containing the prospective donor’s direction concerning a

health care decision for the prospective donor;

2. “Declaration” means a record signed by a prospective donor

specifying the circumstances under which a life support system may

be withheld or withdrawn from the prospective donor; and

3. “Health care decision” means any decision regarding the

health care of the prospective donor.

B. If a prospective donor has a declaration or advance health

care directive and the terms of the declaration or directive and the

express or implied terms of a potential anatomical gift are in

conflict with regard to the administration of measures necessary to

ensure the medical suitability of a part for transplantation or

therapy, the prospective donor’s attending physician and prospective

donor shall confer to resolve the conflict. If the prospective

donor is incapable of resolving the conflict, an agent acting under

the prospective donor’s declaration or directive, or, if none or the

agent is not reasonably available, another person authorized by law

other than this act to make health care decisions on behalf of the

prospective donor, shall act for the donor to resolve the conflict.

The conflict must be resolved as expeditiously as possible.

Information relevant to the resolution of the conflict may be

obtained from the appropriate procurement organization and any other

person authorized to make an anatomical gift for the prospective

donor under Section 9 of this act. Before resolution of the

conflict, measures necessary to ensure the medical suitability of

the part may not be withheld or withdrawn from the prospective donor

if withholding or withdrawing the measures is not contraindicated by

appropriate end-of-life care.

Added by Laws 2009, c. 139, § 21, eff. Nov. 1, 2009.