459.045. Unprofessional conduct by physician, when--inheritance rights forfeited, when--destroying or forging declaration--penalties.
Unprofessional conduct by physician, when--inheritance rightsforfeited, when--destroying or forging declaration--penalties.
459.045. 1. It shall constitute unprofessional conduct if aphysician or other licensed health care professional or facilitywith actual knowledge of a declaration acts, when the declarantis in a terminal condition and unable to make treatmentdecisions, contrary to the expressed intention of the declarant,as stated in his declaration, without serious reason thereforconsistent with the best interest of the declarant.
2. Any person with actual knowledge of a declaration whoacts, when the declarant is in a terminal condition and unable tomake treatment decisions, contrary to the expressed intention ofthe patient as stated in his declaration, without serious reasontherefor consistent with the best interests of the patient, shalllose such rights of inheritance to the extent such loss isprovided for by the patient's last will and testament.
3. Any person who willfully conceals, cancels, defaces,obliterates or destroys the declaration of another without suchdeclarant's consent or who falsifies or forges a revocation ofthe declaration of another shall be guilty of a class Amisdemeanor.
4. Any person who falsifies or forges the declaration ofanother, or who willfully conceals or withholds personalknowledge of the revocation of a declaration, with the purpose ofcausing withholding or withdrawal of medical procedures contraryto the wishes of the declarant, and thereby, because of such act,directly causes medical procedures to be withheld or withdrawn,causing death or causing death to be hastened, shall be guilty ofa class B felony.
(L. 1985 S.B. 51 § 8)