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of persons who have information that medically necessary treatment of a person with a developmental disability has been withdrawn or withheld; and to provide duties of adult protective services and the protection and advocacy system. 02/23 House intro - 1st rdg - to printing 02/24 Rpt prt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
|||| 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 ( 34 ) "Director" means the director of the 32 department of health and welfare. 33 ( 45 ) "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 ( 56 ) "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 ( 67 ) "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 ( 78 ) "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 ( 89 ) "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 ( 910 ) "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 01 ) "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 12 ) "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 23 ) "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 35 ) "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 ( dc ) 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 45 ), 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 ( 67 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 ( 844 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 ( 78 ) 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 section66-406, 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 ( 45 ) 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 ( 45 ) 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 ( 45 ) 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 ( 45 ) of section 66-402, Idaho Code, who is filing 9 his own tax return.
|||| 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 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