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2012 SESSION
HB 638 Judicial authorization of treatment; advance directives.
Introduced by: Christopher P. Stolle | all patrons ... notes | add to my profiles
SUMMARY AS PASSED HOUSE: (all summaries)
Judicial authorization of treatment; advance directives. Provides that a court may authorize medical treatment for an incapacitated person when there is no available person with legal authority to make such decisions under (i) the advance directive of the incapacitated person; (ii) the regulations promulgated by the State Board of Behavioral Health and Developmental Services; or (iii) other applicable law. The court may not authorize treatment that is contrary to the provisions of an advance directive or is proven by a preponderance of the evidence to be contrary to the incapacitated person's religious beliefs, basic values, or specific preferences as stated by the person before becoming incapable of making an informed decision, unless the treatment is necessary to prevent death or a serious irreversible condition. The bill also authorizes restraint or transportation of an incapacitated person if necessary for treating a mental disorder of a person subject to an order of involuntary admission. This bill is identical to SB 371.
FULL TEXT
- 01/11/12 House: Prefiled and ordered printed; offered 01/11/12 12103500D pdf
- 02/10/12 House: Committee substitute printed 12104524D-H1 pdf
- 03/02/12 House: Bill text as passed House and Senate (HB638ER) pdf
- 03/23/12 Governor: Acts of Assembly Chapter text (CHAP0378) pdf
HISTORY
- 01/11/12 House: Prefiled and ordered printed; offered 01/11/12 12103500D
- 01/11/12 House: Referred to Committee for Courts of Justice
- 01/16/12 House: Assigned Courts sub: #5 Mental Health
- 02/06/12 House: Subcommittee recommends reporting with amendment(s) (5-Y 0-N)
- 02/10/12 House: Reported from Courts of Justice with substitute (18-Y 0-N)
- 02/10/12 House: Committee substitute printed 12104524D-H1
- 02/12/12 House: Read first time
- 02/13/12 House: Read second time
- 02/13/12 House: Committee substitute agreed to 12104524D-H1
- 02/13/12 House: Engrossed by House - committee substitute HB638H1
- 02/14/12 House: Read third time and passed House BLOCK VOTE (100-Y 0-N)
- 02/14/12 House: VOTE: BLOCK VOTE PASSAGE (100-Y 0-N)
- 02/15/12 Senate: Constitutional reading dispensed
- 02/15/12 Senate: Referred to Committee for Courts of Justice
- 02/22/12 Senate: Reported from Courts of Justice (15-Y 0-N)
- 02/24/12 Senate: Constitutional reading dispensed (38-Y 0-N)
- 02/27/12 Senate: Read third time
- 02/27/12 Senate: Passed Senate (40-Y 0-N)
- 03/02/12 House: Enrolled
- 03/02/12 House: Bill text as passed House and Senate (HB638ER)
- 03/02/12 House: Signed by Speaker
- 03/05/12 Senate: Signed by President
- 03/23/12 Governor: Approved by Governor-Chapter 378 (effective 7/1/12)
- 03/23/12 Governor: Acts of Assembly Chapter text (CHAP0378)