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1999 SESSION

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HB 2540 Health care decisions.

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

SUMMARY AS INTRODUCED:

Health care decisions; study. Revises various provisions relating to health care decision makers to prohibit the withdrawing or withholding of artificially administered nutrition and hydration if such removal or withholding would be the direct cause of death; prohibits judicial decisions to withdraw or withhold artificially administered nutrition and hydration for incompetent persons for whom there is no legally authorized person available to give consent; and defines “minimally conscious state.” The bill provides that “terminal condition” does not include a “minimally conscious state”; no physician is authorized to withhold or withdraw a particular treatment on the authorization of a guardian or committee for the patient if any members of any prioritized class objects; any person in any priority class may obtain, upon request, the medical records of the patient for whom treatment is proposed to be provided, withheld or withdrawn; in any case where a petition is filed to prevent the removal of artificially administered nutrition and hydration for a patient who may be in a persistent vegetative state or a minimally conscious state, the petitioner may call experts to testify to the condition of the patient; and no judge can assess attorney’s fees against any person who is a member of any priority class, regardless of order of priority, who has filed a petition for a finding that the action being contemplated is not lawfully authorized by law upon denying such petition for an injunction. Under this bill, the Secretary of Health and Human Resources must appoint and convene a task force to study the operation of the Health Care Decisions Act. The task force will consist of physicians, medical experts having experience with the management of coma patients and patients in persistent vegetative state, nurses, clergymen, family members, and other relevant parties. The task force will be charged with collecting data on the number of persons diagnosed as in a persistent vegetative state in Virginia; collecting data on the circumstances and ability to make an informed consent of the various patients having advance directives in Virginia’s institutions; developing, with the assistance of any other experts, guidelines for identification of a diagnosis as being in a persistent vegetative state, including criteria relating to attempts to communicate, whether traditional or unique; developing, with the assistance of any other experts, guidelines for defining and identifying a diagnosis of being in a minimally conscious state, including criteria relating to attempts to communicate, whether traditional or unique; developing procedures to ensure that decisions to withdraw or withhold artificially administered nutrition and hydration are made in the best interests of the patient and will not be the direct cause of death; assessing the issues relating to decision makers under this act and other laws of the Commonwealth relating to persons incapable of making informed consent, including the provisions in this article concerning the appointment of agents and whether the guardian of an estate should also serve as the guardian of the person; examining and recommending rehabilitation and prevention guidelines and protocols for utilization of alternative therapies; and studying such other matters as the Secretary shall determine to be necessary to protect vulnerable patients. The task force will report annually to the Governor and the General Assembly on the issues before it.


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