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2000 SESSION

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HJ 201 Study; Health Care Decisions Act.

Introduced by: Robert G. Marshall | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Study; Health Care Decisions Act. Requests the Commissioner of Health to examine the Health Care Decisions Act. Following a detailed study of the concepts and issues, the Natural Death Act, enacted in 1983, evolved into the Health Care Decisions Act, which encompasses all varieties of advance directives, including health care durable power of attorney. The Health Care Decisions Act establishes procedures for individuals to make advance declarations on the level of treatment they want if they become terminally ill, including the appointment of an agent to make these decisions; a procedure for decision making in the absence of an advance directive for patients who are incapable of making an informed decision; and a Do-Not-Resuscitate provision.

The Commissioner is requested to examine the operation of the Health Care Decisions Act with regard to (i) the physical and mental condition or diagnosis of patients who use advance directives; (ii) the circumstances of the individuals who access this process, e.g., whether institutionalized or living at home and whether supported by public programs or private funds; (iii) the effects and ethical implications of specific circumstances, e.g., the existence of inheritances, guardians ad litem, or powers of attorney; (iv) the withdrawal of treatment, particularly the withdrawal of artificially administered nutrition and hydration, from patients who are incapable of informed consent and for whom no advance directive is available; (v) professional attitudes and actions in relation to this act among the professions serving the terminally ill, the elderly, and the disabled; and (vi) any need for protecting human life while balancing the rights of individuals.


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