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S1009................................................by JUDICIARY AND RULES
NATURAL DEATH ACT - Amends existing law relating to the Natural Death Act
to provide correct terminology.
01/15 Senate intro - 1st rdg - to printing
01/16 Rpt prt - to Jud
01/29 Rpt out - rec d/p - to 2nd rdg
01/30 2nd rdg - to 3rd rdg
02/02 3rd rdg - PASSED - 30-0-4(1 vacant)
AYES -- Andreason, Boatright, Brandt, Bunderson, Burtenshaw, Cameron,
Danielson, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins,
Ingram, Ipsen, Keough, King-Barrutia, Lodge, Noh, Richardson, Sandy,
Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth,
Williams
NAYS -- None
Absent and excused -- Branch, Darrington, Lee, Risch
Vacant -- Dist. #4
Floor Sponsor - King-Barrutia
Title apvd - to House
02/05 House intro - 1st rdg - to Jud
02/08 Rpt out - rec d/p - to 2nd rdg
02/09 2nd rdg - to 3rd rdg
02/16 3rd rdg - PASSED - 63-0-7
AYES -- Barraclough, Barrett, Bedke, Bieter, Bolz, Bradford, Bruneel,
Callister, Campbell, Chase, Clark, Collins, Crow, Cuddy, Deal,
Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner,
Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet,
Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, McKague,
Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman,
Shepherd, Smylie, Stevenson, Stone, Swan, Tilman, Trail, Wood, Young,
Mr. Speaker
NAYS -- None
Absent and excused -- Bell, Black, Boe, Mader, Marley, Smith, Wheeler
Floor Sponsor - Sellman
Title apvd - to Senate
02/19 To enrol
02/20 Rpt enrol - Pres signed
02/21 Sp signed
02/22 To Governor
02/27 Governor signed
Session Law Chapter 27
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1009
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE NATURAL DEATH ACT; AMENDING SECTION 39-4503, IDAHO CODE, TO
3 PROVIDE CORRECT TERMINOLOGY; AND AMENDING SECTION 39-4504, IDAHO CODE, TO
4 PROVIDE CORRECT TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 39-4503, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 39-4503. DEFINITIONS. The following definitions shall govern the con-
9 struction of this chapter:
10 (1) "Attending physician" means the physician licensed by the state board
11 of medicine, selected by, or assigned to, the patient who has primary respon-
12 sibility for the treatment and care of the patient.
13 (2) "Competent person" means any emancipated minor or any person eighteen
14 (18) or more years of age who is of sound mind.
15 (3) "Artificial life-sustaining procedure" means any medical procedure or
16 intervention which utilizes mechanical means to sustain or supplant a vital
17 function which when applied to a qualified patient, would serve only to arti-
18 ficially prolong the moment of death life and where, in the judgment of the
19 attending physician, death is imminent whether or not such procedures are uti-
20 lized, or the patient is diagnosed as being in a persistent vegetative state.
21 Artificial life-sustaining procedures shall not include the administration of
22 medication or the performance of any medical procedure deemed necessary to
23 alleviate pain.
24 (4) "Durable power of attorney for health care" means a durable power of
25 attorney to the extent that it authorizes an attorney in fact to make health
26 care decisions for the principal.
27 SECTION 2. That Section 39-4504, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 39-4504. LIVING WILL. Any competent person may execute a document known
30 as a "living will." Such document shall be in the following form or in another
31 form that contains the elements set forth in this section.
32 A LIVING WILL
33 A Directive to Withhold or to Provide Treatment
34 To my family, my relatives, my friends, my physicians, my employers, and all
35 others whom it may concern:
36 Directive made this .... day of ............. 19 ....
37 I, ................ (name), being of sound mind, willfully,
2
1 and voluntarily make known my desire that my life shall not be prolonged arti-
2 ficially under the circumstances set forth below, do hereby declare:
3 1. If at any time I should have an incurable injury, disease, illness or
4 condition certified to be terminal by two (2) medical doctors who have exam-
5 ined me, and where the application of life-sustaining procedures of any kind
6 would serve only to prolong artificially the moment of my death life, and
7 where a medical doctor determines that my death is imminent, whether or not
8 life-sustaining procedures are utilized, or I have been diagnosed as being in
9 a persistent vegetative state, I direct that the following marked expression
10 of my intent be followed and that I be permitted to die naturally, and that I
11 receive any medical treatment or care that may be required to keep me free of
12 pain or distress.
13 "Check One Box"
14 If at any time I should become unable to communicate my instructions,
15 then I direct that all medical treatment, care, and nutrition and hydration
16 necessary to restore my health, sustain my life, and to abolish or alleviate
17 pain or distress be provided to me. Nutrition and hydration shall not be with-
18 held or withdrawn from me if I would die from malnutrition or dehydration
19 rather than from my injury, disease, illness or condition.
20 If at any time I should become unable to communicate my instructions
21 and where the application of artificial life-sustaining procedures shall serve
22 only to prolong artificially the moment of my death life, I direct such proce-
23 dures be withheld or withdrawn except for the administration of nutrition and
24 hydration.
25 If at any time I should become unable to communicate my instructions
26 and where the application of artificial life-sustaining procedures shall serve
27 only to prolong artificially the moment of death my life, I direct such proce-
28 dures be withheld or withdrawn including withdrawal of the administration of
29 nutrition and hydration.
30 2. In the absence of my ability to give directions regarding the use of
31 life-sustaining procedures, I hereby appoint ................
32 (name) currently residing at ................, as my
33 attorney-in-fact/proxy for the making of decisions relating to my health care
34 in my place; and it is my intention that this appointment shall be honored by
35 him/her, by my family, relatives, friends, physicians and lawyer as the final
36 expression of my legal right to refuse medical or surgical treatment; and I
37 accept the consequences of such a decision. I have duly executed a Durable
38 Power of Attorney for health care decisions on this date.
39 3. In the absence of my ability to give further directions regarding my
40 treatment, including life-sustaining procedures, it is my intention that this
41 directive shall be honored by my family and physicians as the final expression
42 of my legal right to refuse or accept medical and surgical treatment, and I
43 accept the consequences of such refusal.
44 4. If I have been diagnosed as pregnant and that diagnosis is known to
45 any interested person, this directive shall have no force during the course of
46 my pregnancy.
47 5. I understand the full importance of this directive and am emotionally
48 and mentally competent to make this directive. No participant in the making of
49 this directive or in its being carried into effect, whether it be a medical
50 doctor, my spouse, a relative, friend or any other person shall be held
51 responsible in any way, legally, professionally or socially, for complying
52 with my directions.
3
1 Signed
2 .......................................................................
3 City, county and state of residence
4 .........................................
5 The declarant has been known to me personally and I believe him/her to be
6 of sound mind.
7 Witness Witness
8 .......................... ..........................
9 Address Address
10 .......................... ..........................
STATEMENT OF PURPOSE
RS10585
This bill is one of a series of bills that the Supreme Court has
recommended in its annual report of "defects in the laws" to the
Governor as required under article V1 section 25 of the Idaho
Constitution.
This bill amends I.C. 39-4503(3) and I.C. 39-4504 of the
Natural Death Act, governing health care directives in respect to
artificial life-sustaining procedures, to change the phrase "would
only serve to artificially prolong the moment of death" to read
"would only serve to artificially prolong life."
Idaho Code 39-4503(3) presently defines "artificial life-
sustaining procedure" as "any medical procedure or intervention which
. . . would serve only to artificially prolong the moment of death . . .
The phrase "prolong artificially the moment of my death" also
appears in various places in 39-4504 which prescribes the form of a
living will. This reference appears to be a grammatical error because
the word "prolong," which means to lengthen in duration, is not
appropriate when referring to the "moment of death."
Similar provisions in other states refer to artificially
prolonging the dying process or artificially postponing the moment of
death. The statement of policy in the Idaho Natural Death Act refers
to the "artificial prolongation of human life beyond natural limits,"
and it would seem appropriate to use the phrase "artificially prolong
life" in the other parts of the Act.
FISCAL NOTE
This bill will not have an impact on state or local funds.
Contact Person:
Patricia Tobias
Administrative Director of the Courts
Idaho Supreme Court
(208) 334-2246
STATEMENT OF PURPOSE/FISCAL NOTE S 1009