Okla. Stat. tit. 63, § 63-3080.4
This is the official text of Okla. Stat. tit. 63, § 63-3080.4, part of Oklahoma’s Stat. tit. 63, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 63,." Browse the sections below, each linked to its official government source.
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Presumption of nutrition and hydration, when
Official statutory text
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nutrition should be withheld or withdrawn from him;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be withheld or withdrawn from him;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 Page 1453
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.
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 Page 1453
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.
Status: in_force · Read it on the official government site
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