Sec. 02.06.03.05. Offering of Form by Health Care Providers and Facilities  


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  • A. Any health care provider may offer the form to:

    (1) A patient who has the capacity to use the form; or

    (2) A proxy on behalf of a patient who lacks the capacity to use the form.

    B. A facility shall, with reasonable promptness after a resident's admission, offer the form to:

    (1) A resident who has the capacity to use the form; or

    (2) A proxy on behalf of a resident who lacks the capacity to use the form.

    C. If a resident or proxy who has been offered the form by a facility declines to use it, the facility shall document:

    (1) The date of the offer;

    (2) The identity of the individual who offered the form; and

    (3) The identity of the individual who declined the use of the form.