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2012 SESSION

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SB 371 Judicial authorization of treatment; advance directives.

Introduced by: George L. Barker | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED SENATE:

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 HB 638.

SUMMARY AS INTRODUCED:

Judicial authorization of treatment; advance directives. Provides that a court authorizing medical treatment for an incapacitated person must do so in conformity with the terms of the person's advance directive. The bill also provides that a court can authorize such treatment for an incapacitated person, despite the existence of an advance directive, where the person authorized to make medical decisions under the advance directive for the incapacitated person refuses or is unable to act or cannot be contacted within a reasonable period of time in light of the immediacy of the need for treatment. The bill also authorizes restraint or transportation of an incapacitated person if necessary for treating a mental disorder or a person subject to an order of involuntary admission.