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§63-3101.2.
§63-3101.2.
A. The purpose of the Oklahoma Rights of the Terminally Ill or
Persistently Unconscious Act is to:
1. Recognize the right of individuals to control some aspects of their
own medical care and treatment, including but not limited to the right
to decline medical treatment or to direct that it be withdrawn, even
if death ensues;
2. Recognize that the right of individuals to control some aspects of
their own medical treatment is protected by the Constitution of the
United States and overrides any obligation the physician and other
health care providers may have to render care or to preserve life and
health;
3. Recognize that decisions concerning one's medical treatment involve
highly sensitive, personal issues that do not belong in court, even if
the individual is incapacitated, so long as a proxy decision-maker can
make the necessary decisions based on the known intentions, personal
views, or best interests of the individual. If evidence of the
individual's wishes is sufficient, those wishes should control; if
there is not sufficient evidence of the individual's wishes, the
proxy's decisions should be based on the proxy's reasonable judgment
about the individual's values and what the individual's wishes would
be based upon those values. The proper role of the court is to settle
disputes and to act as the proxy decision-maker of last resort when no
other proxy is authorized by the individual or is otherwise authorized
by law;
4. Restate and clarify the law to ensure that the individual's advance
directive for health care will continue to be honored during
incapacity without court involvement; and
5. Encourage and support health care instructions by the individual in
advance of incapacity and the delegation of decision-making powers to
a health care proxy.
B. To be sure that the individual's health care instructions and proxy
decision-making will be effective, the Oklahoma Rights of the
Terminally Ill or Persistently Unconscious Act also includes necessary
and appropriate protection for proxies and health care providers who
rely in good faith on the instructions of the individual and the
decisions of an authorized proxy.
C. The Oklahoma Rights of the Terminally Ill or Persistently
Unconscious Act does not condone, authorize, or approve mercy killing,
assisted suicide, or euthanasia.
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