36-3294. Registration; purge of registered documents

(L10, Ch. 313, sec. 3. Eff. until 1/1/21)

A. On receipt of a completed registration form, the secretary of state shall create a digital reproduction of the document, enter the reproduced document into the health care directives registry database and assign each registered document a unique file number and password.

B. The secretary of state is not required to review a document to ensure that it complies with the particular statutory requirements applicable to the document.

C. After entering the reproduced document into the registry database, the secretary of state shall provide the person who submitted the document with a printed record of the information entered into the database under the file number and a wallet size card that contains the document's file number and a password.

D. The person who submitted the document shall review the printed record. If the information is accurate, the person shall check the box marked " no corrections required" and sign and return the printed record to the secretary of state's office.

E. If the person who submitted the document determines that the printed record is inaccurate, the person shall correct the information and sign and return the corrected printed record to the secretary of state. On receipt of a corrected printed record, the secretary of state shall make the proper corrections and send a corrected printed record to the person who submitted the document. If the information is accurate, the person shall check the box marked " no corrections required" and sign and return the printed record to the secretary of state's office.

F. The secretary of state shall activate the entry into the health care directives registry database only after receiving a printed record marked " no corrections required" or when making changes that are indicated on the printed record.

G. The secretary of state shall delete a document filed with the registry pursuant to this section if the secretary of state receives a revocation of a document along with that document's file number and password. The secretary of state may delete a nonactive document filed with the registry pursuant to this section if the secretary of state does not receive a response pursuant to subsections D and E within ninety days after providing the information prescribed by subsections C and E.

H. The entry of a document pursuant to this article does not:

1. Affect the validity of the document.

2. Relate to the accuracy of information contained in the document.

3. Create a presumption regarding the validity of the document or the accuracy of information contained in the document.

I. The secretary of state shall purge a document filed with the registry on verification by the director of the department of health services of the death of the person who submitted the document. The secretary of state shall purge the registry of documents pursuant to this subsection at least once every five years. The director of the department of health services shall share its registry of death certificates with the secretary of state in order to conduct the document purge required by this subsection.

J. The secretary of state may establish an electronic means of carrying out the requirements of this section.