the individual next in priority under Subsection (2) as the default surrogate. (5) A health care decision made by a default surrogate is effective without judicial approval. (6) If an individual resides in or is receiving care in a health care institution, and is determined to lack capacity to make a health care decision, the responsible health care professional may designate a willing physician to make the decision on behalf of the individual if: (a) the responsible health care professional, or person acting under the supervision of the responsible health care professional, after using best efforts cannot identify and locate: (i) an agent who has been appointed by the individual to make health care decisions; (ii) a guardian authorized to make health care decisions for the individual; or (iii) a default surrogate under Subsections (2)(a) through (i); (b) (i) the responsible health care professional has consulted with and obtained a consensus on the designation with the medical ethics committee of the health care institution where the individual resides or is receiving care; or (ii) if no medical ethics committee exists within the health care institution, has consulted with and obtained consensus from a similar entity utilized by the health care institution; (c) the physician designated to act as default surrogate under this subsection is not: (i) providing health care to the individual; (ii) under the actual or constructive authority of the responsible health care professional; (iii) a family member or cohabitant of the responsible health care professional; or (iv) disqualified from acting as default surrogate under Section 75A-9-113; (d) the responsible health care professional informs the individual of the designation of a willing physician, the identity of the designated physician, and of the individual's right to object to the designation; and (e) the identity of the physician designated by the responsible health care professional is documented in the individual's medical record. (7) The power of a physician designated under Subsection (6) to act as default surrogate terminates if: (a) a person listed in Subsections (2)(a) through (i) is identified and located and is reasonably available and willing to serve as default surrogate; (b) the individual no longer is residing in or receiving care from the health care institution; or (c) the conditions in Subsection (1) do not exist. (8) If the authority of the responsible health care professional to make the designation under Subsection (6) or the authority of the physician designated by the responsible health care professional to make a health care decision for the individual terminates for any reason, including a reason designated in Subsection (7), the responsible health care professional shall document the termination and the reason in the individual's medical record. (9) In making a health care decision on behalf of the individual, a physician designated to act as default surrogate under Subsection (6): (a) shall comply with the duties of a default surrogate set forth in Section 75A-9-116; and (b) may consult with the medical ethics committee or similar entity and rely on the committee or entity's evaluation of the individual's best interest if the goals, preferences, and wishes of the individual regarding a health care decision are not known or reasonably ascertainable by the physician.
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