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- Subject Index: Since 1995
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2009 SESSION
HB 2396 Advance medical directives; revises Health Care Decisions Act to clarify process.
Introduced by: Robert B. Bell | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Advance medical directives. Revises the Health Care Decisions Act to (i) allow a person to make a written advance directive to specify health care the declarant does or does not authorize, appoint an agent to make health care decisions for the declarant, and specify an anatomical gift; (ii) clarify the process for determining a patient to be incapable of making an informed decision regarding health care; (iii) require that determinations of incapacity be made by two physicians, or one physician and one licensed clinical psychologist, one of whom is not otherwise involved in the care of the patient; (iv) allow any one physician to declare that a patient is again capable of making an informed decision; (v) clarify the authority of an agent named in an advance directive, or a person otherwise given authority to make medical decisions for an incompetent patient, including authority to admit the declarant to a facility for mental health treatment for a period not to exceed 10 days and to authorize participation by the declarant in a health care study approved by an institutional review board or research review committee; and (vi) determine when a physician may treat a patient over his protests. This bill provides that a person who willfully conceals, cancels, defaces, obliterates, damages, falsifies, or forges an advance directive or revocation of an advance directive of another shall be guilty of a Class 1 misdemeanor. Where such action causes life-prolonging procedures to be utilized in contravention of the previously expressed intent of the declarant, such person shall be guilty of a Class 6 felony, and where such action directly causes life-prolonging procedures to be withheld in contravention of the previously expressed intent of the declarant or death to be hastened, the person shall be guilty of a Class 2 felony. This bill incorporates HB 2062 and HB 2334. This bill is identical to SB1142.
FULL TEXT
- 01/14/09 House: Prefiled and ordered printed; offered 01/14/09 090534432 pdf
- 01/29/09 House: Committee substitute printed 094137432-H1 pdf
- 02/04/09 House: Floor substitute printed 094143432-H2 (Bell) pdf
- 02/05/09 House: Printed as engrossed 094143432-EH2 pdf
- 02/19/09 Senate: Committee substitute printed 099301432-S1 pdf
- 02/28/09 House: Conference substitute printed 093296432-H3 pdf
- 03/09/09 House: Bill text as passed House and Senate (HB2396ER) pdf | impact statement
- 03/27/09 Governor: Acts of Assembly Chapter text (CHAP0211) pdf
AMENDMENTS
HISTORY
- 01/14/09 House: Prefiled and ordered printed; offered 01/14/09 090534432
- 01/14/09 House: Referred to Committee on Health, Welfare and Institutions
- 01/29/09 House: Reported from Health, Welfare and Institutions with substitute (21-Y 0-N)
- 01/29/09 House: Committee substitute printed 094137432-H1
- 01/30/09 House: Read first time
- 02/02/09 House: Passed by for the day
- 02/03/09 House: Passed by for the day
- 02/04/09 House: Read second time
- 02/04/09 House: Committee substitute rejected 094137432-H1
- 02/04/09 House: Floor substitute printed 094143432-H2 (Bell)
- 02/04/09 House: Substitute by Delegate Bell agreed to 094143432-H2
- 02/04/09 House: Passed by for the day
- 02/05/09 House: Read second time
- 02/05/09 House: Passed by temporarily
- 02/05/09 House: Amendments #1-6 by Delegate Bell agreed to
- 02/05/09 House: Amendments #7-10 by Delegate Bell agreed to
- 02/05/09 House: Amendment #11 by Delegate Bell agreed to
- 02/05/09 House: Amendments by Delegate Armstrong rejected
- 02/05/09 House: Amendment by Delegate Armstrong agreed to
- 02/05/09 House: Amendment by Delegate Janis agreed to
- 02/05/09 House: Engrossed by House - floor substitute with amendments HB2396EH2
- 02/05/09 House: Printed as engrossed 094143432-EH2
- 02/06/09 House: Read third time and passed House (97-Y 0-N)
- 02/06/09 House: VOTE: --- PASSAGE (97-Y 0-N)
- 02/09/09 Senate: Constitutional reading dispensed
- 02/09/09 Senate: Referred to Committee on Education and Health
- 02/19/09 Senate: Reported from Education and Health with substitute (15-Y 0-N)
- 02/19/09 Senate: Committee substitute printed 099301432-S1
- 02/20/09 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/23/09 Senate: Read third time
- 02/23/09 Senate: Reading of substitute waived
- 02/23/09 Senate: Committee substitute agreed to 099301432-S1
- 02/23/09 Senate: Engrossed by Senate - committee substitute HB2396S1
- 02/23/09 Senate: Passed Senate with substitute (40-Y 0-N)
- 02/24/09 House: Placed on Calendar
- 02/25/09 House: Senate substitute rejected by House (1-Y 95-N)
- 02/25/09 House: VOTE: --- REJECTED (1-Y 95-N)
- 02/26/09 Senate: Senate insisted on substitute (34-Y 4-N)
- 02/26/09 Senate: Senate requested conference committee
- 02/26/09 House: House acceded to request
- 02/26/09 House: Conferees appointed by House
- 02/26/09 House: Delegates: Bell, Janis, BaCote
- 02/26/09 Senate: Conferees appointed by Senate
- 02/26/09 Senate: Senators: Whipple, Northam, Quayle
- 02/28/09 House: Conference substitute printed 093296432-H3
- 02/28/09 House: Conference report agreed to by House (97-Y 0-N)
- 02/28/09 House: VOTE: --- ADOPTION (97-Y 0-N)
- 02/28/09 Senate: Conference report agreed to by Senate (40-Y 0-N)
- 03/09/09 House: Enrolled
- 03/09/09 House: Bill text as passed House and Senate (HB2396ER)
- 03/09/09 Senate: Signed by President
- 03/11/09 House: Signed by Speaker
- 03/27/09 Governor: Approved by Governor-Chapter 211 (effective 7/1/09)
- 03/27/09 Governor: Acts of Assembly Chapter text (CHAP0211)