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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   to decline medical treatment or to direct that it be withdrawn, even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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