Oklahoma § 63-3080.4 - Presumption of nutrition and hydration, when

§ 63-3080.4. Presumption of nutrition and hydration, when

inapplicable.

A. The presumption pursuant to Section 3080.3 of this title

shall not apply if:

1. The attending physician of the incompetent patient knows

that the patient, when competent, decided on the basis of

information sufficient to constitute informed consent that

artificially administered hydration or artificially administered

nutrition should be withheld or withdrawn from him;

2. A court finds by clear and convincing evidence that the

patient, when competent, decided on the basis of information

sufficient to constitute informed consent that artificially

administered hydration or artificially administered nutrition should

be withheld or withdrawn from him;

3. An advance directive has been executed pursuant to the

Oklahoma Natural Death Act specifically authorizing the withholding

or withdrawal of nutrition and/or hydration;

4. An advance directive has been executed pursuant to the

Oklahoma Rights of the Terminally Ill or Persistently Unconscious

Act specifically authorizing the withholding or withdrawal of

nutrition and/or hydration;

5. An advance directive for health care has been executed

pursuant to the Oklahoma Advance Directive Act specifically

authorizing the withholding or withdrawal of nutrition and/or

hydration;

6. In the reasonable medical judgment of the incompetent

patient's attending physician and a second consulting physician,

artificially administered hydration or artificially administered

nutrition will itself cause severe, intractable, and long-lasting

pain to the incompetent patient or such nutrition or hydration is

not medically possible; or

7. In the reasonable medical judgment of the incompetent

patient's attending physician and a second consulting physician:

Oklahoma Statutes - Title 63. Public Health and Safety

a.

the incompetent patient is chronically and

irreversibly incompetent,

b.

the incompetent patient is in the final stage of a

terminal illness or injury, and

c.

the death of the incompetent patient is imminent.

B. No advance directive shall be deemed to satisfy the

provisions of subsection A of this section unless the advance

directive complies with the requirements of Section 3101.4 or

Section 3101.14 of this title.

C. Hydration or nutrition may not be withheld or withdrawn

pursuant to paragraph 7 of subsection A of this section if this

would result in death from dehydration or starvation rather than

from the underlying terminal illness or injury.

Added by Laws 1987, c. 40, § 4, eff. Nov. 1, 1987. Amended by Laws

1990, c. 268, § 9, eff. July 1, 1990; Laws 1992, c. 114, § 17, eff.

Sept. 1, 1992; Laws 2006, c. 171, § 2, emerg. eff. May 17, 2006.