s_hhs_2016a_2016-04-14t13:32:54z2 Hearing Summary

Date: 04/14/2016

03:59 PM -- HB 16-1101



Senator Lundberg, bill sponsor, presented House Bill 16-1101. The reengrossed bill allows an attending physician to designate another willing physician to act as a patient's proxy decision-maker for health care treatment under certain conditions. The attending physician cannot act as the proxy decision-maker. A physician may be designated as a proxy decision-maker if:

• after reasonable effort, the physician cannot locate any interested person, including the patient's spouse, a parent, an adult child, a sibling, a grandchild, or any close friend of the patient, who is willing and able to act as proxy decision-maker;
• the physician has obtained an independent assessment of the patient's decision-making capacity from another health care provider confirming the patient's lack of decisional capacity; and
• the physician has consulted with and obtained a consensus on the proxy designation with the medical ethics committee of the facility where the patient is receiving care.

The designated physician's authority to act as proxy decision-maker terminates if:

• an interested person is appointed to act as the proxy decision-maker;
• a guardian is appointed for the patient;
• the patient regains decisional capacity;
• the proxy decision-maker no longer wishes to serve in that capacity; or
• the patient is transferred or discharged from the facility where he or she is receiving care, unless the proxy decision-maker expresses his or her intention to continue acting in that capacity.

The bill outlines procedures for decision-making by the attending physician, the proxy decision-maker, and the facility's medical ethics committee, including for end-of-life treatment. A physician or his or her designee who is acting in good faith as a proxy decision-maker is not subject to civil or criminal liability or regulatory sanction, except that liability remains for any negligent acts or omissions in rendering care to an unrepresented patient.



04:01 PM -- Deb Bennett Woods, Colorado Collaborative for Unrepresented Patients, testified in support of the bill.



04:07 PM -- Carl Gladstein, Colorado Collaborative for Unrepresented Patients, testified in support of the bill and responded to committee questions.



04:16 PM -- Jean Abbott, Colorado Collaborative for Unrepresented Patients, testified in support of the bill.



04:20 PM -- Barbara Redmond, Denver Health, testified in a neutral position on the bill.



04:29 PM -- Linda Skaflen, The Arc of Adams County, testified in support of the bill.



04:32 PM -- Jean Martin, COPIC, maintained a neutral position on the bill.





04:38 PM



Senator Lundberg made closing comments and discussed amendment L.023 (Attachment I).



160414 AttachI.pdf

04:42 PM



Senator Crowder adjourned the meeting.