|
H.B.
No. 0107 |
Uniform
health care decisions. |
Sponsored
By: Joint Labor, Health and Social Services
Interim Committee
AN
ACT relating to health care; creating a uniform health care decisions act;
authorizing and prescribing sample forms for advance health care directives;
authorizing and prescribing sample forms for powers of attorney for health
care; prescribing duties of health care surrogates and health care providers as
specified; providing for immunity, monetary damages and injunctive relief;
providing statements of legislative intent; repealing the durable power of
attorney for health care statute and living will statute; and providing for an
effective date.
1/5/2005 Bill Number Assigned
1/11/2005 H Received for Introduction
1/11/2005 H Introduced and Referred to H10
1/14/2005 H10 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Barnard, Harvey, Hastert,
Iekel, Martin, Morgan and Osborn
Nays:
Representative(s) Brechtel
Excused:
Representative(s) Jackson
Ayes 7 Nays 1 Excused
1 Absent 0 Conflicts 0
1/14/2005 H Placed on General File
HB0107HS001/ADOPTED
Page 5–line 2 Before
"Health" insert "Primary".
Page 5–line 4 Delete
"podiatrist, chiropractor,".
Page 5-lines 5 through
7 Delete entirely
and insert "licensed physician, licensed physician's assistant or licensed
advanced practitioner of nursing;".
Page 10-line 23 Delete "must"
insert "shall"; delete "supervising".
Page 10-line 24 Delete "health care
provider" insert "primary physician".
Page 11-line 19 Delete
"complies" insert "complied"; delete "this act".
Page 11-line 20 Delete entirely and
insert "the applicable law at the time of execution or
communication.". OSBORN, CHAIRMAN
HB0107HW001/ADOPTED
Page 12-line 1 After
"individual" insert "with capacity".
Page 12-line 5 After
"individual" insert "with capacity". BARNARD
1/17/2005 H Passed CoW
1/18/2005 H Laid Back Pursuant to HR 9-3
HB0107H2001/ADOPTED
Page 6-line 5 Delete
"readily".
Page 6-line 6 Delete
"available" insert "able"; delete "without undue
effort" insert "with a level of diligence appropriate to the
seriousness and urgency of a patient's health care needs".
Page 8-line 2 After
"instruction" delete balance of line.
Page 8-line 3 Delete
"directive".
Page 11-line 3 Delete
"individual instructions, if".
Page 11-line 4 Delete
"any," insert "advance health care directive".
Page 12-line 2 After
"writing" delete balance of line.
Page 12-line 3 Delete the line
through "provider".
Page 12-line 8 After
"revoke" insert "done in the presence of two (2) competent
persons"; after "." insert "Any revocation that is not in
writing shall be documented in writing, signed and dated by both
witnesses. This writing shall be made a
part of the medical record.".
SIMPSON
1/19/2005 H Passed 2nd Reading
1/20/2005 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R.,
Bagby, Barnard, Berger, Brechtel, Buchanan, Bucholz, Childers, Cohee, Davison,
Diercks, Edwards, Esquibel, Gay, Gilmore, Gingery, Goggles, Hageman, Hammons,
Harshman, Harvey, Hastert, Hinckley, Iekel, Illoway, Jones, Jorgensen, Landon,
Latta, Lockhart, Lubnau, Luthi, Martin, McOmie, Meuli, Miller, Morgan, Osborn,
Pedersen, Petersen, Powers, Quarberg, Reese, Robinson, Samuelson, Semlek,
Simpson, Slater, Thompson, Walsh, Warren, Wasserburger, White and Zwonitzer.
Excused:
Representative(s) Brown, Jackson, Olsen, Philp and Watt.
Ayes 55 Nays 0 Excused
5 Absent 0 Conflicts 0
1/24/2005 S Received for Introduction
1/27/2005 S Introduced and Referred to S10
2/9/2005 S10 Recommended Amend and Do Pass
ROLL CALL
Ayes:
Senator(s) Aullman, Barrasso, Decaria, Massie and Scott
Ayes 5 Nays 0 Excused
0 Absent 0 Conflicts 0
2/9/2005 S Placed on General File
HB0107SS001/ADOPTED (CORRECTED COPY) (TO ENGROSSED COPY)
Page 1-line 2 Delete "and
prescribing".
Page 1-line 3 After
"authorizing" delete "and".
Page 1-line 4 Delete
"prescribing".
Page 1-line 14 Delete
"35-22-417" insert "35-22-415".
Page 5-line 6 Delete
"practitioner of nursing" insert "practice registered
nurse".
Page 5-line 18 After
"power" insert "as set forth in an advanced health care
directive or living will".
Page 6-line 21 Before
"health" insert "primary".
Page 7-line 20 Delete
"35-22-417" insert "35-22-415".
Page 11-line 23 After
"writing" insert" "or by personally informing the
supervising health care provider".
Page 12-line 4 After
"revoke" insert "." and delete balance of line.
Page 12-lines 5 thru 8 Delete.
Page 12-after line 23 Insert and renumber:
"(f) Through rules and
regulations the department of health shall develop forms to implement the
purposes of this act.".
Pages 13 thru 25 Delete and renumber.
Page 26-lines 1 thru
21 Delete.
Page 26-line 23 Delete "35-22-406"
insert "35-22-405".
Page 30-line 15 Delete "35-22-407"
insert "35-22-406".
Page 31-line 8 Delete "35-22-408"
insert "35-22-407".
Page 35-line 1 Delete "35-22-409"
insert "35-22-408".
Page 35-line 9 Delete "35-22-410"
insert "35-22-409".
Page 36-line 21 Delete "35-22-411"
insert "35-22-410".
Page 37-line 18 Delete "35-22-412"
insert "35-22-411".
Page 38-line 6 Delete "35-22-413"
insert "35-22-412".
Page 38-line 13 Delete "35-22-414"
insert "35-22-413".
Page 39-after line 17 Insert and renumber:
"(f) Any cardiopulmonary
resuscitation directives developed under W.S. 35-22-201 through 35-22-208 shall
remain in effect unless specifically revoked by the advance health care
directive.".
Page 39-line 19 Delete "35-22-415"
insert "35-22-414".
Page 40-line 5 Delete "35-22-416"
insert "35-22-415".
Page 40-lines 12 thru
19 Delete. SCOTT, CHAIRMAN
2/11/2005 S Passed CoW
HB0107S2001/ADOPTED (TO ENGROSSED COPY)
Page 11-line 23 Delete "only".
Page 35-line 15 Delete "for
unprofessional conduct". ROSS,
MASSIE, SCOTT
HB0107S2002/ADOPTED (TO ENGROSSED COPY)
Page 1-line 14 Delete the Senate
Standing Committee Amendment (HB0107SS001/AE) to this line and further amend as
follows: delete "35‑22‑417"
insert "35‑22‑416".
Page 7-line 20 Delete the Senate
Standing Committee Amendment (HB0107SS001/AE) to this line and further amend as
follows: delete "35‑22‑417"
insert "35‑22‑416".
Page 12-after line 23 Delete the Senate Standing
Committee Amendment (HB0107SS001/AE) to this line.
Page 40-after line 10 Insert and renumber:
"35‑22‑416. Rulemaking
authority.
Through rules and regulations the department of health shall
develop forms to implement the purposes of this act.". MASSIE
HB0107S2003/ADOPTED (TO ENGROSSED COPY)
Page 10-line 21 After
"physician" insert ", but the supervising health care provider
may make the decision if the primary physician is unavailable".
Page 27-line 3 After "by
the" insert "primary physician or the". SCOTT
2/14/2005 S Passed 2nd Reading
2/15/2005 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, J., Aullman, Barrasso,
Boggs, Burns, Case, Coe, Cooper, Decaria, Hawks, Hines, Jennings, Job, Johnson,
Larson, Massie, Meier, Nicholas, Northrup, Peck, Ross, Schiffer, Scott,
Sessions, Townsend, Vasey and Von Flatern.
Nays:
Senator(s) Geis, Hanes and Mockler.
Ayes 27 Nays 3 Excused
0 Absent 0 Conflicts 0
2/16/2005 H Did Not Concur
ROLL CALL
Nays: Representative(s) Alden, Anderson, R.,
Bagby, Barnard, Berger, Brechtel, Brown, Buchanan, Bucholz, Childers, Cohee,
Davison, Diercks, Edwards, Esquibel, Gay, Gilmore, Gingery, Goggles, Hageman,
Hammons, Harshman, Harvey, Hastert, Hinckley, Iekel, Illoway, Jackson, Jones,
Landon, Latta, Lockhart, Lubnau, Luthi, Martin, McOmie, Meuli, Miller, Morgan,
Olsen, Osborn, Pedersen, Petersen, Powers, Quarberg, Reese, Robinson,
Samuelson, Semlek, Simpson, Slater, Thompson, Walsh, Warren, Wasserburger,
Watt, White and Zwonitzer.
Excused:
Representative(s) Jorgensen and Philp.
Ayes 0 Nays 58 Excused
2 Absent 0 Conflicts 0
2/16/2005 S Appointed JCC01 Members
Senator(s) Scott, Barrasso and
Mockler
2/16/2005 H Appointed JCC01 Members
Representative(s)Harvey, Osborn and
Simpson
2/24/2005 H Adopted HB0107JC01
ROLL
CALL
AYES:
Representative(s) Anderson, R.,
Bagby, Barnard, Berger, Brechtel, Brown, Buchanan, Bucholz, Childers, Cohee, Davison, Diercks, Edwards, Esquibel,
Gay, Gilmore, Gingery, Goggles, Hageman, Hammons, Harshman, Harvey, Hastert,
Hinckley, Iekel, Illoway, Jackson, Jones, Landon, Latta, Lubnau, Luthi, Martin,
McOmie, Meuli, Miller, Morgan, Olsen, Osborn, Pedersen, Petersen, Philp,
Powers, Quarberg, Reese, Robinson, Samuelson, Semlek, Simpson, Slater,
Thompson, Walsh, Warren, Wasserburger, Watt,
White, Zwonitzer.
NAYS: Representative(s) Alden.
EXCUSED: Representative(s) Jorgensen, Lockhart.
Ayes 57 Nays 1 Excused 2 Absent 0 Conflict
0
2/24/2005 S Adopted HB0107JC01
ROLL CALL
Ayes: Senator(s) Aullman, Barrasso, Boggs, Burns,
Case, Cooper, Decaria, Geis, Hanes, Jennings, Job, Johnson, Larson, Massie,
Meier, Mockler, Nicholas, Northrup, Peck, Ross, Scott, Townsend and Von
Flatern.
Excused:
Senator(s) Anderson, J., Coe, Hawks, Hines, Schiffer, Sessions and
Vasey.
Ayes 23 Nays 0 Excused
7 Absent 0 Conflicts 0
HB0107JC01/AA ADOPTED
(TO ENGROSSED COPY)
Adopt the
following Senate amendments:
HB0107S2003/A
Delete the
following Senate amendments:
HB0107S2001/A
HB0107S2002/A
HB0107SS001/A
Further amend the
ENGROSSED COPY as follows:
Page 1-line 14 Delete
"35-22-417" insert "35-22-416".
Page 5-lines 2 through 6 Delete entirely.
Page 5-After line 18 Insert:
"(xiv) "Primary health care provider"
means any person licensed under the Wyoming statutes practicing within the
scope of that license as a licensed physician, licensed physician's assistant
or licensed advanced practice registered nurse;".
Page 6-line 21 Before "health"
insert "primary".
Page 7-line 20 Delete "35-22-417"
insert "35-22-416".
Page 12-line 4 After "an" delete
balance of the line and insert "intention to revoke. Any oral revocation shall, as soon as
possible after the revocation, be documented in a writing signed and dated by
the individual or a witness to the revocation.".
Page 12-lines 5 through 8 Delete entirely.
Page 13-lines 3 through 8 Delete
entirely and insert:
"(a) An advance
health care directive may be substantially in the following form, but in
addition may include other specific directions. The other sections of this act govern the effect of this or any
other writing used to create an advance health care directive. If any of the other specific directions are
held to be invalid, the invalidity shall not affect other directions of the
directive that can be given effect without the invalid direction and to this
end the directions in the directive are severable:".
Page 26-After line 21 Insert:
"(b) Subsection (a)
of this section is repealed effective June 30, 2009. Thereafter, an advance health care directive may be in any form
not inconsistent with this act.".
Page 35-line 15 Delete "for unprofessional
conduct".
Page 39-After line 17 Insert
and renumber:
"(f) Any cardiopulmonary
resuscitation directives developed under W.S. 35-22-201 through 35-22-208 shall
remain in effect unless specifically revoked by the advance health care
directive.".
Page 40-lines 12 through 19 Delete
entirely and insert:
"Section 2. W.S. 3-2-106(e)(i) and (ii),
3-2-202(a)(iv), 3-5-101(b), 35-20-102(a)(xi)(B) and 35-20-103(e) are amended to
read:
3-2-106. Appointment of a temporary or emergency
guardian.
(e) An emergency guardian may be appointed without
notice to the proposed ward or the guardian ad litem only if the court finds by
a preponderance of the evidence from affidavit or testimony that the proposed
ward will be substantially harmed before a hearing on the appointment can be
held. If the court appoints an
emergency guardian immediately, without notice to the proposed ward or the
guardian ad litem, the proposed ward and guardian ad litem shall be given
notice of the appointment within forty-eight (48) hours after the
appointment. The court shall hold a
hearing on the appropriateness of the appointment within seventy-two (72) hours
after the appointment. Emergency
guardians appointed without notice and hearing shall have authority to make
medical and medically related decisions only, except emergency guardians shall
not have authority with respect to a person who has been made a ward pursuant
to this subsection or subsection (d) of this section to:
(i) Execute a durable power of attorney for
healthcare for the ward pursuant to W.S. 3-5-202 35-22-403(b);
(ii) Execute a living
will an individual instruction
for the ward pursuant to W.S. 35-22-102 35-22-403(a);
3-2-202. Powers of the guardian subject to approval
of the court.
(a) Upon order of the court, after notice and hearing
and appointment of a guardian ad litem, the guardian may:
(iv) Execute any appropriate advance medical
directives, including durable power of attorney for health care under W.S. 3-5-201 et seq. 35-22-403(b)
and living will an individual instruction under W.S. 35-22-101 et seq 35-22-403(a).
3-5-101. When power of attorney not affected by
disability.
(b) Subject to the restrictions in W.S. 3-5-202 35-22-403,
the authority of the attorney in fact or agent may be exercised by him on
behalf of the principal according to the terms stated in the power of attorney
instrument notwithstanding the subsequent disability or incapacity of the
principal or uncertainty concerning whether the principal is alive or deceased.
35-20-102. Definitions.
(a) As used in this act:
(xi) "Neglect" means the deprivation of, or
failure to provide, the minimum food, shelter, clothing, supervision, physical
and mental health care, and other care necessary to maintain a vulnerable
adult's life or health, or which may result in a life-threatening situation.
The withholding of health care from a vulnerable adult is not neglect if:
(B) The withholding of health
care is in accordance with a declaration executed pursuant to W.S. 35-22-101 through 35‑22‑109 35-22-401 through 35-22-416.
35-20-103. Reports of abuse, neglect or exploitation
of vulnerable adult; reports maintained in central registry.
(e) Any report or notification to the department that
a vulnerable adult is, or is suspected of being, abused, neglected, exploited
or abandoned, or is committing self neglect, shall be investigated, a determination
shall be made whether protective services are necessary and, whether a valid declaration an
individual instruction exists under W.S. 35-22-101
through 35-22-109 35-22-401 through
35-22-416. If determined necessary, protective services shall be furnished
by the department within three (3) days from the time the report or notice is
received by the department. The investigation may include a visit to the
facility in which the vulnerable adult resides and an interview with the
vulnerable adult.".
Renumber as necessary. HARVEY, OSBORN, SIMPSON, SCOTT, BARRASSO,
MOCKLER
2/25/2005 Assigned Number HEA No. 0092
2/28/2005 H Speaker Signed HEA No. 0092
2/28/2005 S President Signed HEA No. 0092
3/2/2005 Governor Signed HEA No. 0092
3/2/2005 Assigned Chapter Number
Chapter No. 0161 Session Laws of Wyoming 2005