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- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
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2009 SESSION
SB 1142 Advance medical directives; revises Health Care Decisions Act to clarify process.
Introduced by: Mary Margaret Whipple | 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 SB 1051. This bill is identical to HB 2396.
FULL TEXT
- 01/13/09 Senate: Prefiled and ordered printed; offered 01/14/09 094030352 pdf
- 02/05/09 Senate: Committee substitute printed 094142352-S1 pdf
- 02/19/09 House: Committee substitute printed 093292352-H1 pdf
- 02/28/09 Senate: Conference substitute printed 093297352-S2 pdf
- 03/09/09 Senate: Bill text as passed Senate and House (SB1142ER) pdf
- 03/27/09 Governor: Acts of Assembly Chapter text (CHAP0268) pdf
AMENDMENTS
HISTORY
- 01/13/09 Senate: Prefiled and ordered printed; offered 01/14/09 094030352
- 01/13/09 Senate: Referred to Committee on Education and Health
- 01/19/09 Senate: Assigned Education sub: Special on Mental Health
- 02/05/09 Senate: Reported from Education and Health with substitute (15-Y 0-N)
- 02/05/09 Senate: Committee substitute printed 094142352-S1
- 02/06/09 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/09/09 Senate: Read second time
- 02/09/09 Senate: Reading of substitute waived
- 02/09/09 Senate: Committee substitute agreed to 094142352-S1
- 02/09/09 Senate: Engrossed by Senate - committee substitute SB1142S1
- 02/09/09 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/09/09 Senate: Passed Senate (40-Y 0-N)
- 02/11/09 House: Placed on Calendar
- 02/11/09 House: Read first time
- 02/11/09 House: Referred to Committee on Health, Welfare and Institutions
- 02/19/09 House: Reported from Health, Welfare and Institutions with substitute (21-Y 0-N)
- 02/19/09 House: Committee substitute printed 093292352-H1
- 02/20/09 House: Read second time
- 02/23/09 House: Passed by for the day
- 02/24/09 House: Read third time
- 02/24/09 House: Committee substitute agreed to 093292352-H1
- 02/24/09 House: Engrossed by House - committee substitute SB1142H1
- 02/24/09 House: Passed House with substitute BLOCK VOTE (99-Y 0-N)
- 02/24/09 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
- 02/25/09 Senate: House substitute rejected by Senate (5-Y 32-N)
- 02/26/09 House: House insisted on substitute
- 02/26/09 House: House requested conference committee
- 02/26/09 Senate: Senate acceded to request (38-Y 0-N)
- 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 Senate: Conference substitute printed 093297352-S2
- 02/28/09 Senate: Conference report agreed to by Senate (39-Y 0-N)
- 02/28/09 House: Conference report agreed to by House (94-Y 0-N)
- 02/28/09 House: VOTE: --- ADOPTION (94-Y 0-N)
- 03/09/09 Senate: Enrolled
- 03/09/09 Senate: Bill text as passed Senate and House (SB1142ER)
- 03/09/09 Senate: Signed by President
- 03/11/09 House: Signed by Speaker
- 03/27/09 Governor: Approved by Governor-Chapter 268 (effective 7/1/09)
- 03/27/09 Governor: Acts of Assembly Chapter text (CHAP0268)