1998 Legislation
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HOUSE BILL NO. 597 – Artifical life-sustaining treatment


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Daily Data Tracking History

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

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 597

                             BY HEALTH AND WELFARE COMMITTEE

 1                                        AN ACT

 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


 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 to  life-saving    artificial  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 / Fiscal Impact


                           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.
    No fiscal impact.
    Contact: Rep. Bill Deal (208) 332-1000
    H 597