(1) “Advance health-care directive” means a power of attorney for health-care or a record signed or authorized by a
prospective donor containing the prospective donor's direction concerning a health-care
decision for the prospective donor.
(2) “Declaration” means a record signed by a prospective donor specifying the circumstances under
which a life support system may be withheld or withdrawn from the prospective donor.
(3) “Health-care decision” means any decision regarding the health-care of the prospective donor.
(b) If a prospective donor has a declaration or health-care directive, and the terms
of the declaration or directive and the express or implied terms of a potential anatomical
gift are in conflict with regard to the administration of measures necessary to ensure
the medical suitability of a part for transplantation or therapy, the prospective
donor's attending physician and prospective donor shall confer to resolve the conflict. If the prospective donor is incapable of resolving the conflict, an agent acting
under the prospective donor's declaration or directive, or, if none or the agent is
not reasonably available, another person authorized by law other than this article
to make health-care decisions on behalf of the prospective donor, shall act for the
donor to resolve the conflict. The conflict must be resolved as expeditiously as possible. Information relevant to the resolution of the conflict may be obtained from the
appropriate procurement organization and any other person authorized to make an anatomical
gift for the prospective donor under section 15-19-209. Before resolution of the conflict, measures necessary to ensure the medical suitability
of the part may not be withheld or withdrawn from the prospective donor if withholding
or withdrawing the measures is not contraindicated by appropriate end-of-life care.
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