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Statewide System Of Advance Medical Directives

Concerning a statewide system of advance medical directives, and, in connection therewith, making an appropriation.
2019 Regular Session
Health Care & Health Insurance
Probate, Trusts, & Fiduciaries
Bill Summary

The bill requires the department of public health and environment (department) to contract with one or more health information organization networks for the creation, administration, and maintenance of a statewide electronic system (system) that allows qualified providers to upload and access advance health care directives.

The bill defines an advance health care directive as a directive concerning medical orders for scope of treatment, a declaration as to medical treatment, a directive relating to cardiopulmonary resuscitation, or a medical durable power of attorney. The bill also requires the department to promulgate rules to oversee the system.

The bill allows a qualified professional to upload an individual's advanced health care directive upon the request of the individual after the individual has consulted with the qualified provider in person or through telehealth. A qualified provider who uploads an advance health care directive to the system is not subject to criminal or civil liability.

The bill requires the adult whose medical treatment is the subject of the advance medical directive, or the authorized surrogate decision-maker, to sign an electronic affidavit, prior to uploading the advance health care directive to the system, ensuring that the advance health care directive uploaded to the system is appropriately executed, current, and accurate.

The bill does not allow for any civil or criminal liability or regulatory sanctions for any emergency personnel, health care provider, health care facility, or any other person that complies with a legally executed advance medical directive that is accessed from the system.

The bill makes an appropriation.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)


Became Law


Bill Text