1999 Legislation
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HOUSE BILL NO. 299, As Amended – Medical treatment, guardian withhld

HOUSE BILL NO. 299, As Amended

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H0299aa....................................................by STATE AFFAIRS
MEDICAL TREATMENT - Amends existing law to provide conditions when a
guardian may not refuse or withhold consent for medically necessary
treatment; to provide when a guardian may consent to withholding or
withdrawal of artificial life-sustaining procedures; to provide
requirements of persons who have information that medically necessary
treatment of a person with a developmental disability has been withdrawn or
withheld; and to provide duties of adult protective services and the
protection and advocacy system.

02/23    House intro - 1st rdg - to printing
02/24    Rpt prt - to Health/Wel
03/05    Rpt out - to Gen Ord
03/10    Rpt out amen - to engros
03/11    Rpt engros - 1st rdg - to 2nd rdg as amen
03/12    2nd rdg - to 3rd rdg as amen
    Rules susp - PASSED - 58-3-9
      AYES -- Alltus, Barraclough(Barraclough), Bell, Bieter, Black, Boe,
      Bruneel, Callister, Chase, Clark, Crow, Cuddy, Deal, Denney,
      Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
      Hammond, Hansen(23), Henbest, Hornbeck, Jaquet, Judd, Kellogg,
      Kempton, Kendell, Kunz, Lake, Limbaugh, Linford, Marley, Montgomery,
      Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo,
      Robison, Sali, Schaefer, Sellman, Smylie, Stevenson, Stoicheff,
      Stone, Tippets, Trail, Watson, Wheeler, Williams, Zimmermann,
      Mr Speaker
      NAYS -- Barrett, McKague, Smith
      Absent and excused -- Campbell, Hansen(29), Jones, Loertscher, Mader,
      Meyer, Taylor, Tilman, Wood
    Floor Sponsor - Deal, Henbest
    Title apvd - to Senate
03/15    Senate intro - 1st rdg as amen - to Health/Wel
03/16    Rpt out - rec d/p - to 2nd rdg as amen
03/17    2nd rdg - to 3rd rdg as amen
    Rules susp - PASSED - 34-0-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Twiggs, Wheeler, Whitworth
      NAYS--None
      Absent and excused--Parry
    Floor Sponsor - Ipsen
    Title apvd - to House
03/18    To enrol
03/19    Rpt enrol - Sp signed - Pres signed
03/23    To Governor
03/24    Governor signed
         Session Law Chapter 293
         Effective: 07/01/99

Bill Text


H0299


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                              HOUSE BILL NO. 299, As Amended

                                BY STATE AFFAIRS COMMITTEE

 1                                        AN ACT
 2    RELATING TO DECISIONS BY GUARDIANS TO WITHDRAW OR WITHHOLD MEDICAL  TREATMENT;
 3        AMENDING SECTION 66-402, IDAHO CODE, TO DEFINE "ARTIFICIAL LIFE-SUSTAINING
 4        PROCEDURES" AND "PROTECTION AND ADVOCACY SYSTEM"; AMENDING SECTION 66-405,
 5        IDAHO  CODE, TO PROVIDE WHEN A GUARDIAN MAY NOT REFUSE OR WITHHOLD CONSENT
 6        FOR MEDICALLY NECESSARY TREATMENT, TO PROVIDE WHEN A GUARDIAN MAY  CONSENT
 7        TO  WITHHOLDING OR WITHDRAWAL OF ARTIFICIAL LIFE-SUSTAINING PROCEDURES, TO
 8        PROVIDE REQUIREMENTS OF PERSONS WHO HAVE INFORMATION THAT MEDICALLY NECES-
 9        SARY TREATMENT OF A PERSON WITH A DEVELOPMENTAL DISABILITY HAS BEEN  WITH-
10        HELD  OR WITHDRAWN, AND TO PROVIDE DUTIES OF ADULT PROTECTIVE SERVICES AND
11        THE PROTECTION AND ADVOCACY SYSTEM; AMENDING SECTION 15-5-101, IDAHO CODE,
12        TO PROVIDE A CORRECT CITATION; AMENDING SECTION  18-211,  IDAHO  CODE,  AS
13        AMENDED  BY  SECTION 7, CHAPTER 90, LAWS OF 1998, TO PROVIDE CORRECT CITA-
14        TIONS; AMENDING SECTION 18-212, IDAHO CODE, TO PROVIDE A CORRECT  CITATION
15        AND  TO MAKE TECHNICAL CORRECTIONS; AMENDING 63-3022E, IDAHO CODE, TO PRO-
16        VIDE CORRECT CITATIONS; AND AMENDING SECTION 63-3025D, IDAHO CODE, TO PRO-
17        VIDE CORRECT CITATIONS AND TO MAKE A TECHNICAL CORRECTION.

18    Be It Enacted by the Legislature of the State of Idaho:

19        SECTION 1.  That Section 66-402, Idaho Code, be, and the  same  is  hereby
20    amended to read as follows:

21        66-402.  DEFINITIONS. As used in this chapter:
22        (1)  "Adult" means an individual eighteen (18) years of age or older.
23        (2)    "Artificial life-sustaining procedures" means any medical pro-
24    cedure or intervention which utilizes mechanical means to sustain or  supplant
25    a  vital function. Artificial life-sustaining procedures shall not include the
26    administration of medication, and it shall not include the performance of  any
27    medical  procedure  deemed necessary to alleviate pain, or any procedure which
28    could be expected to result in the  recovery  or  long-term  survival  of  the
29    patient and his restoration to consciousness.
30        (3)   "Department" means the Idaho department of health and welfare.
31        (  3    4  )  "Director"  means  the director of the
32    department of health and welfare.
33        ( 4  5 )  "Developmental disability" means a chronic
34    disability of a person which appears before the age of twenty-two  (22)  years
35    of age and:
36        (a)  Is  attributable  to an impairment, such as mental retardation, cere-
37        bral palsy, epilepsy, autism  or  other  condition  found  to  be  closely
38        related  to  or  similar to one of these impairments that requires similar
39        treatment or services, or is attributable to dyslexia resulting from  such
40        impairments; and
41        (b)  Results in substantial functional limitations in three (3) or more of
42        the  following  areas  of  major  life  activity; self-care, receptive and
43        expressive language,  learning,  mobility,  self-direction,  capacity  for


                                          2

 1        independent living, or economic self-sufficiency; and
 2        (c)  Reflects  the  need for a combination and sequence of special, inter-
 3        disciplinary or generic care, treatment or other  services  which  are  of
 4        lifelong or extended duration and individually planned and coordinated.
 5        (  5    6 )  "Emancipated minor" means an individual
 6    between fourteen (14) and eighteen (18) years of age who has been  married  or
 7    whose  circumstances  indicate  that  the  parent-child  relationship has been
 8    renounced.
 9        ( 6  7 )  "Evaluation committee" means an  interdis-
10    ciplinary team of at least three (3) individuals designated by the director or
11    his  designee  to evaluate an individual as required by the provisions of this
12    chapter. Each committee must include a physician licensed to practice medicine
13    in the state of Idaho, a licensed social worker, with field training or  expe-
14    rience  in working with partially disabled or disabled persons, and a clinical
15    psychologist.
16        ( 7  8 )  "Facility" means the  Idaho  state  school
17    and  hospital,  a  skilled nursing facility, an intermediate care facility, an
18    intermediate care facility for the mentally retarded, a  licensed  residential
19    care  home,  a  group  foster  home,  other  organizations licensed to provide
20    twenty-four (24) hour care, treatment and training to the developmentally dis-
21    abled, a mental health center, or an adult and child development center.
22        ( 8  9 )  "Lacks capacity  to  make  informed  deci-
23    sions"  means the inability, by reason of developmental disability, to achieve
24    a rudimentary understanding of the purpose, nature,  and  possible  risks  and
25    benefits  of a decision, after conscientious efforts at explanation, but shall
26    not be evidenced  by  improvident  decisions  within  the  discretion  allowed
27    nondevelopmentally disabled individuals.
28        (  9    10  ) "Likely  to  injure himself or others"
29    means:
30        (a)  A substantial risk that  physical  harm  will  be  inflicted  by  the
31        respondent upon his own person as evidenced by threats or attempts to com-
32        mit suicide or inflict physical harm on himself; or
33        (b)  A  substantial  risk  that  physical  harm  will  be inflicted by the
34        respondent upon another as evidenced by behavior  which  has  caused  such
35        harm  or which places another person or persons in reasonable fear of sus-
36        taining such harm; or
37        (c)  That the respondent is unable  to  meet  essential  requirements  for
38        physical health or safety.
39        (1  0    1  ) "Manage financial resources" means the
40    actions necessary to obtain, administer and dispose of real, personal,  intan-
41    gible or business property, benefits and/or income.
42        (1  1  2 ) "Meet essential requirements for physical
43    health or safety" means the actions necessary to provide  health  care,  food,
44    clothing,  shelter,  personal  hygiene and/or other care without which serious
45    physical injury or illness would occur.
46        (1 2  3 ) "Minor" means an individual seventeen (17)
47    years of age or less.
48         (14) "Protection and advocacy system" means the agency designated by
49    the governor of the state of Idaho to provide  advocacy  services  for  people
50    with disabilities pursuant to 42 USC section 6042. 
51        (1  3  5 ) "Respondent" means the individual subject
52    to judicial proceedings authorized by the provisions of this chapter.

53        SECTION 2.  That Section 66-405, Idaho Code, be, and the  same  is  hereby
54    amended to read as follows:


                                          3

 1        66-405.  ORDER IN PROTECTIVE PROCEEDINGS. (1) If it is determined that the
 2    respondent  is  not developmentally disabled but appears in need of protective
 3    services, the court may cause the proceeding to be  expanded  or  altered  for
 4    consideration under the uniform probate code.
 5        (2)  If  it  is determined that the respondent is able to manage financial
 6    resources and meet essential requirements for physical health or  safety,  the
 7    court shall dismiss the petition.
 8        (3)  If  it  is determined that the respondent is developmentally disabled
 9    and is unable to manage  some  financial  resources  or  meet  some  essential
10    requirements  for  physical  health or safety, the court may appoint a partial
11    guardian and/or partial conservator on behalf  of  the  respondent.  An  order
12    establishing  partial guardianship or partial conservatorship shall define the
13    powers and duties of the partial guardian or partial conservator so as to per-
14    mit the respondent to meet  essential  requirements  for  physical  health  or
15    safety  and to manage financial  resources commensurate with his ability to do
16    so, and shall specify all legal restrictions to which he is subject. A  person
17    for whom  a partial guardianship or partial conservatorship has been appointed
18    under  this chapter retains all legal and civil rights except those which have
19    by court order been limited or which have been  specifically  granted  to  the
20    partial guardian or partial conservator by the court.
21        (4)  If  it  is determined that the respondent is developmentally disabled
22    and is unable to manage financial resources or meet essential requirements for
23    physical health or safety even with the appointment of a partial  guardian  or
24    partial  conservator, the court may appoint a total guardian and/or total con-
25    servator.
26        (5)  In the event that more than one (1)  person  seeks  to  be  appointed
27    guardian  and/or  conservator,  the  court shall appoint the person or persons
28    most capable of serving on behalf of the respondent; the court shall not  cus-
29    tomarily  or  ordinarily  appoint  the department or any other organization or
30    individual, public or private, that is or is likely to be  providing  services
31    to the respondent.
32        (6)  Subject  to  the  limitations  of the provisions of subsection (7) of
33    this section, guardians or conservators may have any of the duties and  powers
34    as  provided  in  sections  15-5-312(a)(1) through (4), 15-5-424 and 15-5-425,
35    Idaho Code, and as specified in the order. Any order appointing a  partial  or
36    total  guardian  or  partial or total conservator under the provisions of this
37    section must require a report to the court at least annually. In  addition  to
38    such other requirements imposed by law or order, the report shall include:
39        (a)  A description of the respondent's current mental, physical and social
40        condition;
41        (b)  The respondent's present address and living arrangement;
42        (c)  A  description  of  any  significant  changes  in the capacity of the
43        respondent to meet essential requirements for physical health or safety or
44        to manage financial resources;
45        (d)  A description of services being provided the respondent;
46        (e)  A description of significant actions taken by the guardian or conser-
47        vator during the reporting period;
48        (f)  Any significant problems relating to the guardianship or conservator-
49        ship;
50        (g)  A complete financial statement of the financial resources  under  the
51        control or supervision of the guardian or conservator; and
52        (h)  A  description of the need for continued guardianship or conservator-
53        ship services.
54        (7)   No guardian appointed under this chapter shall have the author-
55    ity to refuse or withhold consent for medically necessary treatment  when  the


                                          4

 1    effect  of  withholding  such  treatment  would seriously endanger the life or
 2    health and well-being of the person with a developmental disability. To  with-
 3    hold  or  attempt  to  withhold such treatment shall constitute neglect of the
 4    person and be cause for removal of the guardian.  No  physician  or  caregiver
 5    shall  withhold or withdraw such treatment for a respondent whose condition is
 6    not terminal or whose death is not imminent. If  the  physician  or  caregiver
 7    cannot  obtain valid consent for medically necessary treatment from the guard-
 8    ian, he shall provide the medically necessary treatment as authorized by  sec-
 9    tion 39-4303(c), Idaho Code.
10        (8)  A guardian appointed under this chapter may consent to withholding or
11    withdrawal of artificial life-sustaining procedures, only if the respondent:
12        (a)  Has  an incurable injury, disease, illness or condition, certified by
13        the respondent's attending physician and at least one (1) other  physician
14        to  be  terminal  such  that the application of artificial life-sustaining
15        procedures would not result in the possibility of saving or  significantly
16        prolonging the life of the respondent, and would only serve to prolong the
17        moment of the respondent's death for a period of hours, days or weeks, and
18        where  both  physicians certify that death is imminent, whether or not the
19        life-sustaining procedures are used; or
20        (b)  Has been diagnosed by the respondent's  attending  physician  and  at
21        least  one  (1)  other physician as being in a persistent vegetative state
22        which is irreversible and from which the respondent will never regain con-
23        sciousness.
24        (9)  Any person, who has information that medically necessary treatment of
25    a respondent has been withheld or withdrawn, may report  such  information  to
26    adult  protective  services or to the Idaho protection and advocacy system for
27    people with developmental disabilities, who shall have the authority to inves-
28    tigate the report and in appropriate cases to seek a  court  order  to  ensure
29    that medically necessary treatment is provided.
30        If  adult protective services or the protection and advocacy system deter-
31    mines that withholding of medical treatment violates the  provisions  of  this
32    section,  they may petition the court for an ex parte order to provide or con-
33    tinue the medical treatment in question.  If the court finds, based on affida-
34    vits or other evidence, that there is probable cause to believe that the with-
35    holding of medical treatment in a particular case violates the  provisions  of
36    this  section,  and  that  the  life  or  health  of the patient is endangered
37    thereby, the court shall issue an ex parte order to continue or to provide the
38    treatment until such time as the court can  hear  evidence  from  the  parties
39    involved.  Petitions for court orders under this section shall be expedited by
40    the courts and heard as soon as possible. No bond shall be required of a peti-
41    tioner under this section.
42        (10)   No  partial or total guardian or partial or total conservator
43    appointed under the provisions of this section may without  specific  approval
44    of the court in a proceeding separate from that in which such guardian or con-
45    servator was appointed:
46        (a)  Consent  to  medical or surgical treatment the effect of which perma-
47        nently prohibits the conception of children by the respondent  unless  the
48        treatment  or  procedures  are necessary to protect the physical health of
49        the respondent and would be prescribed for a person who is not developmen-
50        tally disabled;
51        (b)   Withhold consent to life-saving treatment or procedures;
52        (c)   Consent to experimental surgery, procedures or medications; or
53        ( d  c )  Delegate the powers granted by the order.

54        SECTION 3.  That Section 15-5-101, Idaho Code, be, and the same is  hereby


                                          5

 1    amended to read as follows:

 2        15-5-101.  DEFINITIONS  AND  USE  OF TERMS. Unless otherwise apparent from
 3    the context, in this code:
 4        (a)  "Incapacitated person" means any person who is impaired by reason  of
 5    mental illness, mental deficiency, physical illness or disability, chronic use
 6    of drugs, chronic intoxication, or other cause (except minority) to the extent
 7    that  he  lacks  sufficient  understanding  or capacity to make or communicate
 8    responsible decisions concerning his person, provided, that the term shall not
 9    refer to a developmentally disabled person as defined in section  66-402(
10    4  5 ), Idaho Code, and provided further that:
11        (1)  "Incapacity"  means  a  legal,  not a medical disability and shall be
12        measured by function limitations and it shall  be  construed  to  mean  or
13        refer  to  any person who has suffered, is suffering, or is likely to suf-
14        fer, substantial harm due to an inability  to  provide  for  his  personal
15        needs for food, clothing, shelter, health care, or safety, or an inability
16        to manage his or her property or financial affairs;
17        (2)  Inability  to  provide for personal needs or to manage property shall
18        be evidenced by acts or occurrences, or statements which strongly indicate
19        imminent acts or occurrences; material evidence  of  inability  must  have
20        occurred within twelve (12) months prior to the filing of the petition for
21        guardianship or conservatorship;
22        (3)  Isolated  instances  of  simple  negligence  or improvidence, lack of
23        resources, or any act, occurrence, or statement, if that act,  occurrence,
24        or  statement is the product of an informed judgment, shall not constitute
25        evidence of inability to provide for personal needs or to manage property;
26        (4)  "Informed judgment" means a choice made by a person who has the abil-
27        ity to make such a choice, and who makes it voluntarily after all relevant
28        information necessary to making the decision has been  provided,  and  who
29        understands  that he is free to choose or refuse any alternative available
30        and who clearly indicates or expresses the outcome of his choice;
31        (b)  A "protective proceeding" is a proceeding  under  the  provisions  of
32    section  15-5-401  of  this code to determine that a person cannot effectively
33    manage or apply his estate to necessary ends,  either  because  he  lacks  the
34    ability  or  is  otherwise  inconvenienced,  or  because he is a minor, and to
35    secure administration of his estate by  a  conservator  or  other  appropriate
36    relief;
37        (c)  A  "protected person" is a minor or other person for whom a conserva-
38    tor has been appointed or other protective order has been made;
39        (d)  A "ward" is a person for whom a guardian has been appointed. A "minor
40    ward" is a minor for whom a guardian has  been  appointed  solely  because  of
41    minority.

42        SECTION  4.  That  Section  18-211,  Idaho  Code, as amended by Section 7,
43    Chapter 90, Laws of 1998, be, and the same is hereby amended to read  as  fol-
44    lows:

45        18-211.  EXAMINATION  OF  DEFENDANT  --  APPOINTMENT  OF PSYCHIATRISTS AND
46    LICENSED PSYCHOLOGISTS -- HOSPITALIZATION -- REPORT.  (1)  Whenever  there  is
47    reason  to  doubt  the  defendant's fitness to proceed as set forth in section
48    18-210, Idaho Code, the court shall appoint at least one (1) qualified psychi-
49    atrist or licensed psychologist or shall request the director of  the  depart-
50    ment  of  health  and welfare to designate at least one (1) qualified psychia-
51    trist or licensed psychologist to examine and report upon the mental condition
52    of the defendant to assist counsel with defense or understand the proceedings.


                                          6

 1    The costs of examination shall be paid by the defendant if he  is  financially
 2    able.  The  determination  of  ability to pay shall be made in accordance with
 3    chapter 8, title 19, Idaho Code.
 4        (2)  Within three (3) days, excluding Saturdays, Sundays and  legal  holi-
 5    days, of the appointment or designation, the examiner shall determine the best
 6    location for the examination. If practical, the examination shall be conducted
 7    locally on an outpatient basis.
 8        (3)  If the examiner determines that confinement is necessary for purposes
 9    of  the  examination,  the  court  may order the defendant to be confined to a
10    jail, a hospital, or other suitable facility for that purpose for a period not
11    exceeding thirty (30) days. The order of confinement shall require the  county
12    sheriff  to  transport the defendant to and from the facility and shall notify
13    the facility of any known medical, behavioral, or security requirements of the
14    defendant. The court, upon request, may make available  to  the  examiner  any
15    court records relating to the defendant.
16        (4)  In  such  examination any method may be employed which is accepted by
17    the examiner's profession for the examination of those alleged not to be  com-
18    petent to assist counsel in their defense.
19        (5)  Upon completion of the examination a report shall be submitted to the
20    court and shall include the following:
21        (a)  a description of the nature of the examination;
22        (b)  a diagnosis or evaluation of the mental condition of the defendant;
23        (c)  an  opinion as to the defendant's capacity to understand the proceed-
24        ings against him and to assist in his own defense.
25        (6)  If the examination cannot be conducted by reason of the unwillingness
26    of the defendant to participate therein, the report shall so state  and  shall
27    include,  if  possible,  an  opinion  as  to whether such unwillingness of the
28    defendant was the result of mental disease or defect.
29        (7)  The report of the examination shall be filed in triplicate  with  the
30    clerk  of the court, who shall cause copies to be delivered to the prosecuting
31    attorney and to counsel for the defendant.
32        (8)  When the defendant wishes to be examined by  an  expert  of  his  own
33    choice,  such  examiner  shall  be  permitted to have reasonable access to the
34    defendant for the purpose of examination.
35        (9)  In addition to the psychiatrist or licensed psychologist,  the  court
36    may  appoint  additional  experts  to  examine  the  defendant. In the event a
37    defendant is suspected of  being  developmentally  disabled,  the  examination
38    shall  proceed with those experts set out in subsection ( 6  7
39    ) of section 66-402, Idaho Code.
40        (10) If the defendant lacks capacity  to  make  informed  decisions  about
41    treatment,  as  defined in section 66-317, Idaho Code, the court may authorize
42    consent to be given pursuant to section 66-322, Idaho Code. If  the  defendant
43    lacks  capacity  to  make informed decisions as defined in subsection ( 8
44     9 ) of section 66-402, Idaho Code, the court  may  authorize
45    consent to be given pursuant to sections 66-404 and 66-405, Idaho Code.
46        (11) If  the defendant was confined solely for the purpose of examination,
47    he shall be released from the facility within three (3) days, excluding Satur-
48    days, Sundays and legal holidays following notification of completion  of  the
49    examination.

50        SECTION  5.  That  Section  18-212, Idaho Code, be, and the same is hereby
51    amended to read as follows:

52        18-212.  DETERMINATION OF FITNESS OF DEFENDANT TO PROCEED -- SUSPENSION OF
53    PROCEEDING AND COMMITMENT OF DEFENDANT -- POSTCOMMITMENT HEARING. (1) When the


                                          7

 1    defendant's fitness to proceed is drawn in question, the issue shall be deter-
 2    mined by the court. If neither the prosecuting attorney nor  counsel  for  the
 3    defendant contests the finding of the report filed pursuant to section 18-211,
 4    Idaho  Code, the court may make the determination on the basis of such report.
 5    If the finding is contested, the court shall hold a hearing on the  issue.  If
 6    the  report  is received in evidence upon such hearing, the party who contests
 7    the finding thereof shall have the right to summon and  to  cross-examine  the
 8    psychiatrist  or  licensed  psychologist who submitted the report and to offer
 9    evidence upon the issue.
10        (2)  If the court determines that the defendant lacks fitness to  proceed,
11    the  proceeding  against him shall be suspended, except as provided in subsec-
12    tions (4) and (5) of this section, and the court shall commit him to the  cus-
13    tody  of  the  director  of  the department of health and welfare for care and
14    treatment at an appropriate facility of the department of health  and  welfare
15    or if the defendant is found to be dangerously mentally ill as defined in sec-
16    tion  66-1305,  Idaho  Code,  to the department of correction for a period not
17    exceeding ninety (90) days. For purposes of this section "facility" shall mean
18    a state hospital, institution, mental health center, or those facilities  enu-
19    merated  in subsection ( 7  8 ) of section 66-402, Idaho
20    Code, equipped to evaluate or rehabilitate such defendants. The order of  com-
21    mitment  shall  require  the  county sheriff to transport the defendant to and
22    from the facility and require an evaluation of the defendant's  mental  condi-
23    tion  at  the  time of admission to the facility, and a progress report on the
24    defendant's mental condition. The progress report  shall  include  an  opinion
25    whether  the  defendant  is fit to proceed, or if not, whether there is a sub-
26    stantial probability the defendant will be fit to proceed within the  foresee-
27    able  future.  If the report concludes that there is a substantial probability
28    that the defendant will be fit to proceed in the foreseeable future, the court
29    may order the continued commitment of the defendant for an additional one hun-
30    dred eighty (180) days. If at any time the director of the facility  to  which
31    the  defendant  is  committed determines that the defendant is fit to proceed,
32    such determination shall be reported to the court.
33        (3)  Each report shall be filed in triplicate with the clerk of the court,
34    who shall cause copies to be delivered to  the  prosecuting  attorney  and  to
35    counsel  for  the  defendant. Upon receipt of a report, the court shall deter-
36    mine, after a hearing if a  hearing  is  requested,  the  disposition  of  the
37    defendant  and  the  proceedings against him. If the court determines that the
38    defendant is fit to proceed, the proceeding shall be resumed. If at the end of
39    the initial ninety (90) days the court determines that the defendant is  unfit
40    and  there  is not a substantial probability the defendant will be fit to pro-
41    ceed within the foreseeable future or if the defendant is not fit  to  proceed
42    after  the  expiration  of the additional one hundred eighty (180) days ,
43     involuntary commitment proceedings  shall  be  instituted  pursuant  to
44    either section 66-329 or  section  66-406, Idaho Code, in the court
45    in which the criminal charge is pending.
46        (4)  In  its review of commitments pursuant to section 66-337, Idaho Code,
47    the department of health and welfare shall determine whether the defendant  is
48    fit  to  proceed with trial. The department of health and welfare shall review
49    its commitments pursuant to chapter 4, title 66, Idaho Code, and may recommend
50    that the defendant is fit to proceed with trial. If the district  court  which
51    committed  the  defendant  pursuant to section 66-406, Idaho Code, agrees with
52    the department's recommendation and finds the conditions which  justified  the
53    order pursuant to section 66-406, Idaho Code, do not continue to exist, crimi-
54    nal  proceedings  may resume. If the defendant is fit to proceed , 
55    the court in which the criminal charge is pending shall be  notified  and  the


                                          8

 1    criminal proceedings may resume. If, however, the court is of the view that so
 2    much time has elapsed, excluding any time spent free from custody by reason of
 3    the  escape  of  the  defendant, since the commitment of the defendant that it
 4    would be unjust to resume the criminal proceeding, the court may  dismiss  the
 5    charge.
 6        (5)  If  a  defendant  escapes  from  custody  during his confinement, the
 7    director shall immediately notify the court from which committed,  the  prose-
 8    cuting  attorney and the sheriff of the county from which committed. The court
 9    shall forthwith issue an order authorizing any health officer, peace  officer,
10    or  the  director of the institution from which the defendant escaped, to take
11    the defendant into custody and immediately return him to his place of confine-
12    ment.

13        SECTION 6.  That Section 63-3022E, Idaho Code, be, and the same is  hereby
14    amended to read as follows:

15        63-3022E.  HOUSEHOLD  DEDUCTION  FOR DEPENDENTS SIXTY-FIVE YEARS OF AGE OR
16    OLDER OR PERSONS WITH DEVELOPMENTAL DISABILITIES. (1) An additional  deduction
17    from  taxable  income  shall be allowed in the case of an individual who main-
18    tains a household, which includes as an immediate member of the family  resid-
19    ing  in  that  household, one (1) or more individuals sixty-five (65) years of
20    age or older, or a person with developmental disabilities as defined  in  sub-
21    section  ( 4  5 ) of section 66-402, Idaho Code, regard-
22    less of the age of the person when  such  developmental  disability  appeared,
23    each  of  whom receives more than one-half (1/2) of his or her support for the
24    year from the individual who maintains the household. The amount of the deduc-
25    tion shall be one thousand dollars ($1,000)  for  each  individual  sixty-five
26    (65) years of age or older or with developmental disabilities.
27        (2)  There  shall  not  be  allowed  more than three (3) deductions of one
28    thousand dollars ($1,000) under the provisions of this section on any one  (1)
29    return.
30        (3)  No  deductions  shall be allowed under this section for the person(s)
31    in whose name(s) the income tax return is filed except as set forth in subsec-
32    tion (4) of this section.
33        (4)  A deduction of one thousand dollars ($1,000) shall be  allowed  under
34    this  section for a person with a developmental disability, as defined in sub-
35    section ( 4  5 ) of section 66-402, Idaho Code,  who  is
36    filing his own return.

37        SECTION  7.  That Section 63-3025D, Idaho Code, be, and the same is hereby
38    amended to read as follows:

39        63-3025D.  PAYMENT FOR DEPENDENTS SIXTY-FIVE YEARS OF AGE OR OLDER OR PER-
40    SON WITH DEVELOPMENTAL DISABILITIES. (1) In lieu of the deduction from taxable
41    income allowed by section 63-3022E, Idaho  Code,  a  resident  individual  who
42    maintains  a  household,  which  includes as an immediate member of the family
43    residing in that household, one  (1)  or  more  individuals  sixty-
44    five  (65)  years  of age or older or individuals with developmental disabili-
45    ties, as defined in subsection (  4    5  )  of  section
46    66-402,  Idaho  Code, each of whom receives more than one-half (1/2) of his or
47    her support for the year from the  individual  who  maintains  the  household,
48    shall  be entitled to a payment from the refund account of one hundred dollars
49    ($100) for each such elderly member of the family  or  family  member  with  a
50    developmental  disability.  Any  such payment shall be paid to such individual
51    only upon his making application therefor at such time and in such  manner  as


                                          9

 1    may be prescribed by the state tax commission.
 2        (2)  No  more  than three (3) such payments shall be made under the provi-
 3    sions of this section to any one (1) individual in any calendar year.
 4        (3)  No payment may be claimed under the provisions of this section by the
 5    individual himself except as set forth in subsection (4) of this section.
 6        (4)  A credit of one hundred dollars ($100) shall be  allowed  under  this
 7    section  for a person with a developmental disability as defined in subsection
 8    ( 4  5 ) of section 66-402, Idaho Code,  who  is  filing
 9    his own tax return.

Amendment


AH0299


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                       Moved by     Deal                 

                                       Seconded by  Henbest              


                             IN THE HOUSE OF REPRESENTATIVES
                             HOUSE AMENDMENT TO H.B. NO. 299

 1                               AMENDMENTS TO SECTION 2
 2        On page 3 of the printed bill, delete lines 54 and 55  and insert:  "
 3    attempt  to withhold such treatment shall constitute neglect of the person and
 4    be cause for removal of the guardian. No physician or caregiver ".
 5        On page 4, delete lines 1 through 5 and insert: " shall  withhold  or
 6    withdraw  such  treatment  for a respondent whose condition is not terminal or
 7    whose death is not imminent. If the physician or caregiver cannot obtain valid
 8    consent for medically necessary treatment from the guardian, he shall  provide
 9    the medically necessary treatment as authorized by section  39-4303(c),  Idaho
10    Code. "; delete lines 20 and 21 and insert:
11        "  (9)  Any  person,  who  has  information  that medically necessary
12    treatment of a respondent has been withheld  or  withdrawn,  may  report  such
13    information to adult protective services "; and in line 24 delete "
14    indicated " and insert: " necessary ".

15                                 CORRECTION TO TITLE
16        On  page 1, delete lines 8 and 9 and insert: "PROVIDE REQUIREMENTS OF PER-
17    SONS WHO HAVE INFORMATION THAT MEDICALLY NECESSARY TREATMENT OF A PERSON  WITH
18    A  DEVELOPMENTAL  DISABILITY  HAS  BEEN  WITHHELD OR WITHDRAWN, AND TO PROVIDE
19    DUTIES OF ADULT PRO-".
                                       Moved by     Henbest              

                                       Seconded by  Deal                 


                             IN THE HOUSE OF REPRESENTATIVES
                             HOUSE AMENDMENT TO H.B. NO. 299

20                                AMENDMENT TO SECTION 2
21        On page 3 of the printed bill, in line 52, following "  life  "
22    delete  "  , "  and insert: " or "; and also in line 52,
23    delete " or " and insert: " and ".

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                             RS08916 

This Legislation defines "Artificial Life-sustaining Procedures" and
"Protection and Advocacy System". It also provides when a guardian
may not refuse or withhold consent for medically necessary treatment
or when a guardian may consent to withholding or withdrawal of
artificial lifesustaining procedures and provides requirements of a
person who have knowledge of medical neglect of a person with a
developmental disability and to provide duties of adult protective
services and protection and advocacy system.

                           FISCAL NOTE

NONE









CONTACT: Representative Bill Deal
         208-332-l000
         
STATEMENT OF PURPOSE/ FISCAL NOTE    Bill No.     H 299