The Senate Judiciary Committee heard SB 204 on health care advance directives by Sen. Rogers. The original bill provides:
- an individual can make a health care advance directive that gives instructions or expresses preferences or desires concerning any aspect of the individual’s health care or health information and to designate a health care representative to make health care decisions and receive health information for the individual. Consolidates definitions of “life prolonging procedures.”
- the State Department of Health is required to prepare a sample advance directive.
- the appointment of a representative or attorney in fact to consent to health care that was legally executed before January 1, 2023, is valid as executed.
- before a health care provider may provide care to a minor, the health care provider shall make a reasonable effort to contact the minor’s parent or guardian for consent to provide treatment and document each attempt.
- definitions of “notarial officer,” “observe,” “present,” and “telephonic interaction” to allow a mentally competent declarant to sign an advance directive by using technology to interact in real time with a notarial officer or with two attesting witnesses.
- remote witnessing or signing of separate paper counterparts that are assembled later into a complete composite paper advance directive.
- if, after the health care provider has made a reasonable attempt to contact the minor’s parent or guardian and either: (1) the provider is unable to make contact; or (2) the parent or guardian refuses to provide consent; the provider shall act in the manner that is in the best interest of the minor.
- the new health care directive provisions do not affect the consent provisions concerning abortion or a minor’s medical or hospital care and treatment with respect to the minor’s pregnancy, delivery, or postpartum care.
- an attending advanced practice registered nurse or physician assistant may perform the same functions and have the same responsibilities as an attending physician for purposes of an out of hospital do not resuscitate declaration.
The Committee heard testimony on January 27 from numerous associations, including two Indiana State Bar Association sections. The Probate Code Study Commission heard testimony on these provisions last year.
The Committee amended the bill regarding notarial acts on January 27. The Committee further amended the bill on February 3 to strike actions taken on behalf of the children and to add the State Health Department shall maintain a list and sample advanced directive forms on its website. The amended bill passed 8-0.
Read the bill at: http://iga.in.gov/legislative/2021/bills/senate/204