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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 459

Effective - 28 Aug 1985 bottom

  459.055.  Purposes of declaration. — Sections 459.010 to 459.055 shall be interpreted consistent with the following:

  (1)  Each person has the primary right to request or refuse medical treatment subject to the state's interest in protecting innocent third parties, preventing homicide and suicide and preserving good ethical standards in the medical profession.

  (2)  Nothing in sections 459.010 to 459.055 shall be interpreted to increase or decrease the right of a patient to make decisions regarding use of medical procedures so long as the patient is able to do so, nor to impair or supersede any right or responsibility that any person has to effect the withholding or withdrawal of medical care in any lawful manner.  In that respect, the provisions of sections 459.010 to 459.055 are cumulative.

  (3)  Sections 459.010 to 459.055 shall create no presumption concerning the intention of an individual who has not executed a declaration to consent to the use or withholding of medical procedures.

  (4)  Communication regarding treatment decisions among patients, the families and physicians is encouraged.

  (5)  Sections 459.010 to 459.055 do not condone, authorize or approve mercy killing or euthanasia nor permit any affirmative or deliberate act or omission to shorten or end life.

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(L. 1985 S.B. 51 § 10)


---- end of effective   28 Aug 1985 ----

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