SB 134: Health Care Decisions Act Amendments - Utah

Amended 1/28/2025 09:01:849 → Substitute #1 · 6 edits

MODERATE

This bill updates Utah's health-care decision-making laws by enacting the Uniform Health-Care Decisions Act, which modernizes how adults can designate agents to make medical decisions on their behalf when they are incapacitated. The bill clarifies definitions, establishes a priority list for default surrogates when no agent is appointed, and introduces a new optional form for advance health-care directives that includes mental health care provisions. It also renumbers and repeals older sections that have been superseded by previous legislation.

Scope change

The bill expands the scope of health-care decision-making laws to explicitly include mental health care directives and clarifies the roles of various surrogates, including allowing health-care providers to serve as default surrogates in limited circumstances when no family member is available.

DEFINITION

Added new definitions for terms such as 'cohabitant,' 'supported decision making,' and 'best interest' to clarify how health-care decisions should be evaluated.

REQUIREMENT

Created a new optional form for advance health-care directives that includes specific instructions about life-sustaining treatment, pain relief, organ donation, and flexibility for agents.

ELIGIBILITY

Established a priority hierarchy for default surrogates (spouse, adult children, parents, cohabitants, siblings, etc.) when no agent has been appointed.

TIMELINE

Set the effective date of the new provisions to May 7, 2025, and included transitional provisions for directives created before that date.

TECHNICAL

Repealed and renumbered older sections of the Utah Code that have been superseded by the new Uniform Health-Care Decisions Act.

ENFORCEMENT

Added provisions for judicial review of capacity findings and established liability protections for health-care professionals who act in good faith.

Amended Excerpts 1/28/2025 09:01:849 → Amended 1/28/2025 09:01:849 · 5 edits

MODERATE

This bill updates Utah's health-care decision-making laws by enacting the Uniform Health-Care Decisions Act, which modernizes how adults designate surrogates for medical decisions and clarifies the roles of health-care professionals. The changes reorganize existing sections, add new definitions for advance directives, and establish a uniform form for designating decision-makers, making the process clearer and more consistent across the state.

Scope change

The bill expands the scope by formally enacting the Uniform Health-Care Decisions Act, which includes provisions for mental health-care directives and allows health-care providers to serve as surrogates in limited circumstances, whereas previous laws were more fragmented.

DEFINITION

New definitions for 'adult' and 'advance health care directive' clarify who can make decisions and what documents qualify, including mental health-care directives.

REQUIREMENT

The Department of Health and Human Services must create a uniform form for designating health-care decision-makers, standardizing the process statewide.

SCOPE

Existing sections on life-sustaining treatment orders were renumbered and amended to align with the new Uniform Health-Care Decisions Act framework.

TECHNICAL

Outdated sections and provisions related to advance health-care directives not included in the new Uniform Act were repealed to eliminate redundancy.

ENFORCEMENT

New provisions address liability and immunity for health-care providers involved in decision-making, offering clearer protections for professionals acting in good faith.

Enrolled → Amended Excerpts 1/28/2025 09:01:849 · 5 edits

MODERATE

This bill amends Utah's Uniform Health Care Decisions Act to modernize definitions, clarify surrogate decision-making authority, and add specific requirements for default surrogates and health care professionals. The changes ensure consistency across the act, improve clarity on how surrogates are designated and disqualified, and establish a uniform form for declaring surrogate authority.

Scope change

The bill's scope remains focused on health care decision-making authority but clarifies and expands certain procedural requirements for default surrogates and health care professionals.

DEFINITION

Updated definitions to clarify terms like 'health care,' 'health care decision,' and 'surrogate' to align with current legal standards and include mental health care explicitly.

REQUIREMENT

Added a requirement that the Department of Health and Human Services create a uniform form for default surrogates to declare their authority under penalty of perjury.

ELIGIBILITY

Modified procedures for default surrogates to clarify how disagreements among surrogates are resolved and how health care professionals should respond to such disagreements.

TECHNICAL

Added specific language regarding the duties of responsible health care professionals when determining surrogate authority and documenting findings of capacity.

ENFORCEMENT

Clarified the process for revoking default surrogate authority and the conditions under which health care professionals may designate a physician as a default surrogate.

Substitute #1 → Substitute #2 · 8 edits

MODERATE

This bill replaces Utah's existing health care decision-making laws with the Uniform Health-Care Decisions Act, modernizing how adults make medical decisions when they cannot do so themselves. The changes expand protections for individuals with mental health conditions, clarify definitions of capacity to include supported decision-making, and update procedures for appointing agents and default surrogates.

Scope change

The bill expands the scope to explicitly include mental health care decisions alongside physical health care, and clarifies that capacity assessments can be made by various qualified professionals including physician assistants and advanced practice nurses in urgent situations.

DEFINITION

Added new definition for 'cohabitant' to include unmarried couples living together for at least one year as potential default surrogates.

Added 'supported decision making' as a recognized accommodation for individuals with capacity to make health care decisions.

Modified 'advance health care directive' definition to explicitly include advance mental health care directives.

ELIGIBILITY

Modified capacity standards to allow individuals to make decisions with technological assistance, supported decision making, or other reasonable accommodations.

REQUIREMENT

Added provisions allowing health care providers to serve as default surrogates in limited circumstances when no other surrogate is available.

Modified default surrogate hierarchy to include cohabitants and individuals who provided supported decision making services.

Added optional form for advance health care directives that includes mental health care preferences and organ donation options.

TIMELINE

Added special effective date of January 1, 2026 for the new provisions.

Introduced → Enrolled · 7 edits · Mar 26, 2025

MODERATE

This bill enacts Utah's Uniform Health-Care Decisions Act to modernize and standardize how adults make and communicate health care decisions. It reorganizes existing laws into a new chapter, clarifies definitions, and updates procedures for appointing agents, creating advance directives, and making decisions when a person lacks capacity. The changes aim to provide clearer legal standards for health care decision-making, including specific provisions for mental health care directives and improved protections for health care providers.

Scope change

The bill expands the scope by formally enacting the Uniform Health-Care Decisions Act and adding specific provisions for mental health care directives, while renumbering and repealing older advance health care directive provisions that are not included in the new uniform act.

DEFINITION

New definitions for terms like 'cohabitant', 'supported decision making', and 'advance mental health-care directive' to clarify legal standards and expand protections.

REQUIREMENT

New optional form for advance health-care directives that includes specific instructions for life-sustaining treatment, organ donation, and mental health care preferences.

Revised capacity standards to include supported decision making and technological assistance as valid ways for individuals to communicate decisions.

ELIGIBILITY

Updated criteria for default surrogates to include cohabitants and individuals who provided supported decision making, expanding who can make decisions when no agent is appointed.

TECHNICAL

Repealed older advance health care directive sections not contained in the new Uniform Health-Care Decisions Act to eliminate redundancy.

TIMELINE

Established May 7, 2025 as the effective date for the new provisions, with transitional rules for existing directives.

ENFORCEMENT

Added statutory damages of up to $25,000 or actual damages for intentional falsification or concealment of advance health-care directives.

Health Care Decisions Act Amendments

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