HB16-1101

HB16-1101 - Medical Decisions For Unrepresented Patients

Passed/Signed into Law
Concerning Medical Decisions For Unrepresented Patients.

An attending physician or his or her designee (physician) may make health care treatment decisions as a patient's proxy decision-maker if:

  • After making reasonable efforts, the physician cannot locate any interested persons, or none of the interested persons are willing and able to serve as proxy decision-maker;
  • The attending physician has obtained an independent assessment of decisional capacity by another health care provider; and
  • The physician has consulted with and obtained an agreement with the medical ethics committee of the health care facility where the patient is receiving care. If the health care facility does not have a medical ethics committee, the facility shall refer the physician to a party that can provide consultation and recommendations.

The authority of the physician to act as proxy decision-maker terminates in the event an interested person is willing to serve as proxy decision-maker or a guardian is appointed.

When acting in good faith as the proxy decision-maker, an attending physician or his or her designee is not subject to civil or criminal liability or regulatory sanction.

Latest update: May 18, 2016
05/18/2016 Governor Signed
05/11/2016 Sent to the Governor
05/10/2016 Signed by the Speaker of the House
05/10/2016 Signed by the President of the Senate
04/29/2016 House Considered Senate Amendments - Result was to Laid Over Daily
04/29/2016 House Considered Senate Amendments - Result was to Concur - Repass
04/25/2016 Senate Third Reading Passed - No Amendments
04/22/2016 Senate Second Reading Passed with Amendments - Committee, Floor
04/21/2016 Senate Second Reading Laid Over Daily - No Amendments
04/20/2016 Senate Second Reading Laid Over Daily - No Amendments
04/19/2016 Senate Second Reading Laid Over Daily - No Amendments
04/14/2016 Senate Committee on Health & Human Services Refer Amended to Senate Committee of the Whole
04/01/2016 Introduced In Senate - Assigned to Health & Human Services
04/01/2016 House Third Reading Passed - No Amendments
03/30/2016 House Third Reading Laid Over to 04/01/2016 - No Amendments
03/24/2016 House Second Reading Passed with Amendments - Committee, Floor
03/21/2016 House Second Reading Laid Over Daily - No Amendments
03/03/2016 House Committee on Health, Insurance, & Environment Refer Amended to House Committee of the Whole
01/19/2016 Introduced In House - Assigned to Health, Insurance, & Environment