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2000 SESSION

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HB 1367 Health care decisions.

Introduced by: H. Morgan Griffith | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Health care decisions. Requires, in those instances in which a physician determines the terms of an advance directive of a qualified patient or the treatment decision of a person designated to make the decision on the treatment to be medically or ethically inappropriate, that the physician make reasonable effort to inform the patient or the patient's designated decision-maker of such determination and the reasons for the determination. If the conflict remains unresolved, the physician must make a reasonable effort to transfer the patient to another physician who is willing to comply with the terms of the advance directive. The physician must provide the patient or his authorized decision-maker a reasonable time of not less than 14 days to effect such transfer and must continue to provide, during this period, any life-sustaining care to the patient that is reasonably available to him, as requested by the patient or his designated decision-maker; however, the physician is not required to provide treatment that he is physically or legally unable to provide or treatment that he is physically or legally unable to provide without denying the same treatment to another patient. "Life-sustaining care" is defined as "any ongoing medical treatment that utilizes mechanical or other artificial means to sustain, restore or supplant a spontaneous vital function, including hydration, nutrition, maintenance medication, and cardiopulmonary resuscitation."

SUMMARY AS PASSED HOUSE:

Health care decisions. Requires, in those instances in which a physician determines the terms of an advance directive of a qualified patient or the treatment decision of a person designated to make the decision on the treatment to be medically or ethically inappropriate, that the physician make reasonable effort to inform the patient or the patient's designated decision-maker of such determination and the reasons for the determination. If the conflict remains unresolved, the physician must make a reasonable effort to transfer the patient to another physician who is willing to comply with the terms of the advance directive. The physician must provide the patient or his authorized decision-maker a reasonable time of not less than 14 days to effect such transfer and must continue to provide, during this period, any life-sustaining care to the patient which is reasonably available to him, as requested by the patient or his designated decision-maker; however, the physician is not required to provide treatment that he is physically or legally unable to provide or treatment that he is physically or legally unable to provide without denying the same treatment to another patient. "life-sustaining care" is defined as "any ongoing medical procedure, treatment or intervention that utilizes mechanical or other artificial means to sustain, restore or supplant a spontaneous vital function, including hydration, nutrition, maintenance medication, and cardiopulmonary resuscitation."

SUMMARY AS INTRODUCED:

Health care decisions. Establishes a procedure for those instances in which the physician refuses to comply with an advance directive or a designated or authorized person’s treatment decision and the failure to provide the desired treatment would be likely to result in the patient’s death. Pending transfer of the patient to a physician willing to comply with the advance directive or treatment decision, the noncomplying physician is required to provide the desired treatment for a period of 14 days following the date on which written notice of the refusal is given to any next of kin or any person designated or authorized to consent on the patient’s behalf, plus any additional period directed by court order. An agent appointed to make health care decisions or any other person authorized to consent to treatment for the patient may petition the circuit court or the district court or a magistrate for an extension of the 14-day period. Notice must be provided to the refusing physician simultaneously with filing the petition for the extension. The court or magistrate must schedule the hearing as soon as possible, but, in no case, more than 14 days after the date the extension petition was filed. All parties must be given the opportunity to present evidence and arguments. An extension must be granted upon a determination, based on the preponderance of the evidence, that there is a reasonable prospect that a physician willing to accept transfer of the patient and to comply with the patient’s advance directive or the designated or authorized person’s treatment decision can be found if the extension is granted. Brief extensions, each of which must not exceed five days, may be ordered to preserve the patient’s life pending the scheduling and conducting of the hearing and the rendering of the decision on the petition for the extension. Definitions of "continue life-sustaining treatment pending completion of the patient's transfer" and "futile treatment" are provided. This provision will not require the provision of futile treatment or treatment that the physician is physically or legally unable to provide or is physically or legally unable to provide without thereby denying the same treatment to another patient.