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     Section 3. That § 34-12D-5 be amended to read as follows:

     34-12D-5.   A living will declaration becomes operative when the declarant is determined by the attending physician and one other physician to be in a terminal condition and , death is imminent, and the declarant is no longer able to make decisions regarding administration of life-sustaining treatment. If the declaration becomes operative, the attending physician and other health-care providers shall act in accordance with the declaration or comply with the transfer requirements of § 34-12D-11 communicate decisions about medical care . ".

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     Section 13. The provisions of this Act do not apply to any declaration executed prior to July 1, 2007.".

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     Section 3. That § 34-12D-5 be amended to read as follows:

     34-12D-5.   A living will declaration becomes operative when the declarant is determined by the attending physician and one other physician to be in a terminal condition and , death is imminent, and the declarant is no longer able to make decisions regarding administration of life-sustaining treatment. If the declaration becomes operative, the attending physician and other health-care providers shall act in accordance with the declaration or comply with the transfer requirements of § 34-12D-11 communicate decisions about medical care . ".

"      Section 2. That § 43-45-17 be amended to read as follows:

     43-45-17.   For the purposes of §§ 43-45-16 to 43-45-18, inclusive, the term, employee benefit plan, means any plan or arrangement that is subject to the provisions of 29 U.S.C. §§ 1001 through 1461, as amended, and in effect on January 1, 2000 2007 , or that is described in § 401, 403(a), 403(b), 408, 408A, or 409 , 414, 457, or 501(a) of the Internal Revenue Code, as amended, and in effect as of January 1, 2000 2007 . The term, employee benefit plan, does not include any employee benefit plan that is excluded from application pursuant to 29 U.S.C. § 1003(b)(1), as amended, and in effect as of January 1, 2000 2007 . ".

Carolyn Jorgensen