D.C. Code § 21-2201

Current through codified legislation effective September 18, 2024

Section 21-2201 - Purpose

The purpose of this subchapter is to affirm the right of all competent adults to control decisions relating to their own health care and to have their rights and intentions in health care matters respected and implemented by others if they become incapable of making or communicating decisions for themselves.

D.C. Code § 21-2201

Mar. 16, 1989, D.C. Law 7-189, § 2, 35 DCR 8653; Feb. 5, 1994, D.C. Law 10-68, § 23(b), 40 DCR 6311; Mar. 24, 1998, D.C. Law 12-81, § 14(y), 45 DCR 745; Feb. 27, 2016, D.C. Law 21-72, § 2(c)(1), 63 DCR 208.

As to life sustaining treatment, termination of treatment, due process, termination of nutrition and hydration, clear and convincing evidence standard, and substituted judgment of family members, see Cruzan by Cruzan v. Director, Missouri Dept. of Health, U.S.Mo. 1990, 110 S.Ct. 2841, 497 U.S. 261, 111 L.Ed.2d 224 (1990).

As to equal protection, assisted suicide ban, right to withdraw life-sustaining medical treatment, see Vacco v. Quill, U.S.N.Y. 1997, 117 S.Ct. 2293, 521 U.S. 793, 138 L.Ed.2d 834, concurring opinion 117 S.Ct. 2302, 521 U.S. 702, 138 L.Ed.2d 772 (1990).

Applicability

Section 7011 of D.C. Law 22-33 repealed § 4 of D.C. Law 21-72. Therefore the creation of this section by D.C. Law 21-72 has been implemented.

Applicability of D.C. Law 21-72: § 4 of D.C. Law 21-72 provided that the change made to this section by § 2 of D.C. Law 21-72 is subject to the inclusion of the law's fiscal effect in an approved budget and financial plan. Therefore that amendment has not been given effect.