Health care advance directives.
Summary
Allows an individual to make a health care advance directive that gives instructions or expresses preferences or desires concerning any aspect of the individual's health care or health information and to designate a health care representative to make health care decisions and receive health information for the individual. Consolidates definitions of "life prolonging procedures". Requires the state department of health to prepare a sample advance directive. Provides that the appointment of a representative or attorney in fact to consent to health care that was legally executed before January 1, 2023, is valid as executed. Adds definitions of "notarial officer", "observe", "present", and "telephonic interaction" to allow a mentally competent declarant to sign an advance directive by using technology to interact in real time with a notarial officer or with two attesting witnesses. Specifies certain prerequisites when witnessing specified directives through telephonic interaction. Provides for remote witnessing or signing of separate paper counterparts that are assembled later into a complete composite paper advance directive. Provides that the new health care directive provisions do not affect the consent provisions concerning abortion or a minor's medical or hospital care and treatment with respect to the minor's pregnancy, delivery, or postpartum care. Provides that an attending advanced practice registered nurse or physician assistant may perform the same functions and have the same responsibilities as an attending physician for purposes of an out of hospital do not resuscitate declaration. Adds cross references. Defines certain terms. Makes conforming changes. Makes technical changes.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2021
Committee Review
Mar 2021
Senate Passage
Feb 2021
House Passage
Mar 2021
Signed into Law
Apr 2021
Introduced Jan 11, 2021
Signed Apr 15, 2021
Floor votes
How they voted
This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history
Actions timeline
Total actions
28
Key actions
5
Committee
3
Amendments
3
Apr 15, 2021
Signed into law
Signed by the Governor
executive
Mar 31, 2021
Introduced
Returned to the Senate without amendments
lower
Mar 30, 2021
Lower · Passed
Third reading: passed; Roll Call 329: yeas 92, nays 0
lower
Mar 29, 2021
Amended
Amendment #1 (Nisly) ruled out of order
lower
Mar 25, 2021
Lower · Passed
Committee report: do pass, adopted
lower
Feb 17, 2021
Committee
Referred to the House
upper
Feb 16, 2021
Upper · Passed
Third reading: passed; Roll Call 125: yeas 46, nays 0
upper
Feb 15, 2021
Amended
Amendment #6 (Rogers) prevailed; voice vote
upper
Feb 4, 2021
Upper · Passed
Committee report: amend do pass, adopted
upper
4 primary · 5 co-sponsors
Sponsors
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