02.06.03.05

.05 Offering of Form by Health Care Providers and Facilities.

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.