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A.R.S. § 36-3201

Health Care Directive Definitions

Verified April 4, 202657th Legislature, 1st Regular Session

Arizona law defines key terms used throughout the health care directives chapter. These include what qualifies as a health care directive, who can serve as an agent or surrogate, and what comfort care means. These definitions set the foundation for every document related to healthcare decisions in the state.

Title 36, LIVING WILLS AND HEALTH CARE DIRECTIVES

azleg.gov

The Building Blocks of Medical Decision-Making Documents

Before you can understand how a living will or health care power of attorney works, you need to know what the law means by these terms. A.R.S. 36-3201 provides the official definitions for the entire health care directives chapter. Several of them matter more than you might expect.

"Health care directive" means a document drafted in substantial compliance with this chapter, including a mental health care power of attorney, to deal with a person's future health care decisions.

A.R.S. § 36-3201(5)

That phrase "substantial compliance" is important. Arizona does not require a health care directive to follow a rigid template word for word. If the document reasonably follows the chapter's requirements, it can be valid. This gives family members and attorneys flexibility when drafting these documents.

Key Terms That Shape Your Rights

Several definitions in this statute carry real practical weight. A "surrogate" is anyone authorized to make healthcare decisions for a patient. This can happen through a power of attorney, a court order, or the default priority list in A.R.S. 36-3231. An "agent" is more specific. It refers to an adult named through a health care power of attorney to act as one of the patient's decision makers for treatment.

"Living will" means a statement written either by a person who has not written a health care power of attorney or by the principal as an attachment to a health care power of attorney and intended to guide or control the health care treatment decisions that can be made on that person's behalf.

A.R.S. § 36-3201(10)

The statute also defines "comfort care" as treatment given to protect and enhance quality of life without artificially prolonging it. This is sometimes called life care. It matters when families face difficult choices about end-of-life treatment, including situations involving a DNR order or whether to begin cardiopulmonary resuscitation.

A DNR order, short for "do not resuscitate," tells providers not to perform cardiopulmonary resuscitation if the patient's heart or breathing stops. Understanding these terms helps ensure that when a patient becomes unable to communicate, whatever documents are in place actually do what the family intended.

36-3201. Definitions In this chapter, unless the context otherwise requires: 1. "Agent" means an adult who has the authority to make health care treatment decisions for another person, referred to as the principal, pursuant to a health care power of attorney. 2. "Artificially administered" means providing food or fluid through a medically invasive procedure. 3. "Attending physician" means a physician who has the primary responsibility for a principal's health care. 4. "Comfort care" means treatment given in an attempt to protect and enhance the quality of life without artificially prolonging that life. 5. "Health care directive" means a document drafted in substantial compliance with this chapter, including a mental health care power of attorney, to deal with a person's future health care decisions. 6. "Health care power of attorney" means a written designation of an agent to make health care decisions that meets the requirements of section 36-3221 and that comes into effect and is durable as provided in section 36-3223, subsection A. 7. "Health care provider" means a natural person who is licensed under title 32, chapter 11, 13, 15, 17 or 25, a hospice as defined in section 36-401 that is licensed under chapter 4 of this title or an organization that is licensed under this title, that renders health care designed to prevent, diagnose or treat illness or injury and that employs persons licensed under title 32, chapter 11, 13, 15, 17 or 25. 8. "Inpatient psychiatric facility" means a hospital that contains an organized psychiatric services unit or a special hospital that is licensed to provide psychiatric services. 9. "Interested person" means the patient, a person listed under section 36-3231, subsection A, a health care provider directly involved in the patient's medical care or an employee of a health care provider. 10. "Living will" means a statement written either by a person who has not written a health care power of attorney or by the principal as an attachment to a health care power of attorney and intended to guide or control the health care treatment decisions that can be made on that person's behalf. 11. "Mental health care power of attorney" means a written designation of an agency to make mental health care decisions that meets the requirements of section 36-3281. 12. "Physician" means a doctor of medicine licensed pursuant to title 32, chapter 13 or doctor of osteopathic medicine licensed pursuant to title 32, chapter 17. 13. "Principal" means a person who is the subject of a health care power of attorney. 14. "Qualifying health information exchange organization" means a nonprofit health information organization as defined in section 36-3801 that is designated by the department of health services pursuant to section 36-3291 to operate the health care directives registry. 15. "Surrogate" means a person authorized to make health care decisions for a patient by a power of attorney, a court order or the provisions of section 36-3231.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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