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§ 5463. Effect on other State law

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 20 Pa.C.S.A. Decedents, Estates and FiduciariesEffective: January 29, 2007

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 20 Pa.C.S.A. Decedents, Estates and Fiduciaries (Refs & Annos)
Chapter 54. Health Care (Refs & Annos)
Subchapter C. Health Care Agents and Representatives
Effective: January 29, 2007
20 Pa.C.S.A. § 5463
§ 5463. Effect on other State law
Currentness
(a) Mental health.--This subchapter does not affect the requirements of other laws of this Commonwealth regarding consent to observation, diagnosis, treatment or hospitalization for a mental illness.
(b) Prohibited care.--This subchapter does not authorize a health care agent or health care representative to consent to any health care prohibited by the laws of this Commonwealth.
(c) Consent.--This subchapter does not affect the laws of this Commonwealth regarding any of the following:
(1) The standard of care of a health care provider required in the administration of health care.
(2) When consent is required for health care.
(3) Informed consent for health care.
(4) Consent to health care in an emergency.
(d) Preservation of religious rights.--This subchapter does not prevent a health care agent or health care representative from consenting to health care administered in good faith pursuant to religious beliefs of the principal or from withholding consent to health care that is contrary to religious beliefs of the principal.
(e) Rights of individuals.--This subchapter does not affect the right of an individual to make health care decisions.
(f) Disclosure.--The disclosure requirements of section 5456(d) (relating to authority of health care agent) supersede any provision in any other State statute or regulation that requires the principal to consent to disclosure or which otherwise conflicts with section 5456(d), including, but not limited to, the following:
(1) Section 8 of the act of April 14, 1972 (P.L. 221, No. 63),1 known as the Pennsylvania Drug and Alcohol Abuse Control Act.
(2) Section 111 of the act of July 9, 1976 (P.L. 817, No. 143),2 known as the Mental Health Procedures Act.
(3) Section 15 of the act of October 5, 1978 (P.L. 1109, No. 261),3 known as the Osteopathic Medical Practice Act.
(4) Section 41 of the act of December 20, 1985 (P.L. 457, No. 112),4 known as the Medical Practice Act of 1985.
(5) Section 7 of the act of November 29, 1990 (P.L. 585, No. 148),5 known as the Confidentiality of HIV-Related Information Act.

Credits

2006, Nov. 29, P.L. 1484, No. 169, § 4, effective in 60 days [Jan. 29, 2007].

Footnotes

1
71 P.S. § 1690.108.
2
50 P.S. § 7111.
3
63 P.S. § 271.15.
4
63 P.S. § 422.41.
5
35 P.S. § 7607.
20 Pa.C.S.A. § 5463, PA ST 20 Pa.C.S.A. § 5463
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document