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H0597.................................................by HEALTH AND WELFARE ARTIFICIAL LIFE-SUSTAINING TREATMENT - Amends existing law to provide when guardians or conservators may withhold consent to artificial life-sustaining treatment or procedures. 02/03 House intro - 1st rdg - to printing 02/04 Rpt prt - to Health/Wel
H0597|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 597 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO GUARDIANS AND CONSERVATORS; AMENDING SECTION 66-405, IDAHO CODE, 3 TO PROVIDE WHEN GUARDIANS OR CONSERVATORS MAY WITHHOLD CONSENT TO ARTIFI- 4 CIAL LIFE-SUSTAINING TREATMENT OR PROCEDURES. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 66-405, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 66-405. ORDER IN PROTECTIVE PROCEEDINGS. (1) If it is determined that the 9 respondent is not developmentally disabled but appears in need of protective 10 services, the court may cause the proceeding to be expanded or altered for 11 consideration under the uniform probate code. 12 (2) If it is determined that the respondent is able to manage financial 13 resources and meet essential requirements for physical health or safety, the 14 court shall dismiss the petition. 15 (3) If it is determined that the respondent is developmentally disabled 16 and is unable to manage some financial resources or meet some essential 17 requirements for physical health or safety, the court may appoint a partial 18 guardian and/or partial conservator on behalf of the respondent. An order 19 establishing partial guardianship or partial conservatorship shall define the 20 powers and duties of the partial guardian or partial conservator so as to per- 21 mit the respondent to meet essential requirements for physical health or 22 safety and to manage financial resources commensurate with his ability to do 23 so, and shall specify all legal restrictions to which he is subject. A person 24 for whom a partial guardianship or partial conservatorship has been appointed 25 under this chapter retains all legal and civil rights except those which have 26 by court order been limited or which have been specifically granted to the 27 partial guardian or partial conservator by the court. 28 (4) If it is determined that the respondent is developmentally disabled 29 and is unable to manage financial resources or meet essential requirements for 30 physical health or safety even with the appointment of a partial guardian or 31 partial conservator, the court may appoint a total guardian and/or total con- 32 servator. 33 (5) In the event that more than one (1) person seeks to be appointed 34 guardian and/or conservator, the court shall appoint the person or persons 35 most capable of serving on behalf of the respondent; the court shall not cus- 36 tomarily or ordinarily appoint the department or any other organization or 37 individual, public or private, that is or is likely to be providing services 38 to the respondent. 39 (6) Subject to the limitations of the provisions of subsection (7) of 40 this section, guardians or conservators may have any of the duties and powers 41 as provided in sections 15-5-312(a) (1) through (4), 15-5-424 and 15-5-425, 42 Idaho Code, and as specified in the order. Any order appointing a partial or 43 total guardian or partial or total conservator under the provisions of this 2 1 section must require a report to the court at least annually. In addition to 2 such other requirements imposed by law or order, the report shall include: 3 (a) A description of the respondent's current mental, physical and social 4 condition; 5 (b) The respondent's present address and living arrangement; 6 (c) A description of any significant changes in the capacity of the 7 respondent to meet essential requirements for physical health or safety or 8 to manage financial resources; 9 (d) A description of services being provided the respondent; 10 (e) A description of significant actions taken by the guardian or conser- 11 vator during the reporting period; 12 (f) Any significant problems relating to the guardianship or conservator- 13 ship; 14 (g) A complete financial statement of the financial resources under the 15 control or supervision of the guardian or conservator; and 16 (h) A description of the need for continued guardianship or conservator- 17 ship services. 18 (7) No partial or total guardian or partial or total conservator 19 appointed under the provisions of this section may without specific approval 20 of the court in a proceeding separate from that in which such guardian or con- 21 servator was appointed: 22 (a) Consent to medical or surgical treatment the effect of which perma- 23 nently prohibits the conception of children by the respondent unless the 24 treatment or procedures are necessary to protect the physical health of 25 the respondent and would be prescribed for a person who is not developmen- 26 tally disabled; 27 (b) Withhold consent tolife-savingartificial life- 28 sustaining treatment or procedures unless the respondent has 29 an incurable injury, disease or illness or condition certified to be ter- 30 minal by two (2) medical doctors who have examined the respondent, and 31 where the application of artificial life-sustaining procedures of any kind 32 would serve only to prolong artificially the moment of the respondent's 33 death, and where a medical doctor determined that the respondent's death 34 is imminent, whether or not life-sustaining procedures are utilized, or 35 the respondent has been diagnosed as being in a persistent vegetative 36 state ; 37 (c) Consent to experimental surgery, procedures or medications; or 38 (d) Delegate the powers granted by the order.
STATEMENT OF PURPOSE
RS 07726
The purpose of this proposed amendment is to empower guardians and
conservators of developmentally handicapped patients to authorize
end-of-life decisions, which may include Do Not Resuscitate orders,
in order to avoid protracting the dying process and its associated
unnecessary pain and suffering.
FISCAL NOTE
No fiscal impact.
Contact: Rep. Bill Deal (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE
H 597