Oklahoma § 63-3101.12 - Interpretation, construction and application of act

§ 63-3101.12. Interpretation, construction and application of act

A. Death resulting from the withholding or withdrawal of lifesustaining treatment in accordance with the Oklahoma Advance

Directive Act shall not constitute, for any purpose, a suicide or

homicide.

B. The making of an advance directive pursuant to Section

3101.4 of this title shall not affect in any manner the sale,

procurement, or issuance of any policy of life insurance or annuity,

nor shall it affect, impair, or modify the terms of an existing

policy of life insurance or annuity. A policy of life insurance or

annuity shall not be legally impaired or invalidated in any manner

by the withholding or withdrawal of life-sustaining treatment from

an insured qualified patient, regardless of any term of the policy

or annuity to the contrary.

C. A person shall not prohibit or require the execution of an

advance directive as a condition for being insured for, or

receiving, health care services.

D. The Oklahoma Advance Directive Act creates no presumption

concerning the intention of an individual who has revoked or has not

executed an advance directive with respect to the use, withholding,

or withdrawal of life-sustaining treatment.

E. The Oklahoma Advance Directive Act shall not affect the

right of a patient to make decisions regarding use of lifesustaining treatment, so long as the patient is able to do so, or

impair or supersede any right or responsibility that a person has to

effect the withholding or withdrawal of medical care; provided, that

this subsection may not be construed to authorize a violation of

Section 3101.9 of this title.

Oklahoma Statutes - Title 63. Public Health and Safety

F. The Oklahoma Advance Directive Act shall not be construed to

condone, authorize, or approve mercy killing, assisted suicide, or

euthanasia.

G. Failure to designate a health care proxy in accordance with

Section 3101.4 of this title shall not be interpreted to invalidate

the authority of a health care proxy to make life-sustaining

treatment decisions if otherwise authorized by law.

Added by Laws 1992, c. 114, § 12, eff. Sept. 1, 1992. Amended by

Laws 1995, c. 99, § 4, eff. Nov. 1, 1995; Laws 2006, c. 171, § 11,

emerg. eff. May 17, 2006.