Connecticut 2018 Regular Session

Connecticut House Bill HB05148 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	House Bill No. 5148
	1	+	General Assembly Raised Bill No. 5148
	2	+	February Session, 2018 LCO No. 884
	3	+	_____HB05148JUD___041818____
	4	+	Referred to Committee on PUBLIC HEALTH
	5	+	Introduced by:
	6	+	(PH)
2	7
3		-	Public Act No. 18-11
	8	+	General Assembly
	9	+
	10	+	Raised Bill No. 5148
	11	+
	12	+	February Session, 2018
	13	+
	14	+	LCO No. 884
	15	+
	16	+	_____HB05148JUD___041818____
	17	+
	18	+	Referred to Committee on PUBLIC HEALTH
	19	+
	20	+	Introduced by:
	21	+
	22	+	(PH)
4	23
5	24		AN ACT CONCERNING PREGNANT PATIENTS EXERCISING LIVING WILLS.
6	25
7	26		Be it enacted by the Senate and House of Representatives in General Assembly convened:
8	27
9	28		Section 1. Section 19a-575 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
10	29
11	30		Any person eighteen years of age or older may execute a document that contains directions as to any aspect of health care, including the withholding or withdrawal of life support systems. Such document shall be signed and dated by the maker with at least two witnesses and may be in substantially the following form:
12	31
13	32		DOCUMENT CONCERNING HEALTH CARE
14	33
15	34		AND WITHHOLDING OR WITHDRAWAL OF LIFE SUPPORT SYSTEMS.
16	35
17	36		If the time comes when I am incapacitated to the point when I can no longer actively take part in decisions for my own life, and am unable to direct my physician as to my own medical care, I wish this statement to stand as a testament of my wishes.
18	37
19	38		"I, .... (Name), request that, if my condition is deemed terminal or if it is determined that I will be permanently unconscious, I be allowed to die and not be kept alive through life support systems. By terminal condition, I mean that I have an incurable or irreversible medical condition which, without the administration of life support systems, will, in the opinion of my attending physician, result in death within a relatively short time. By permanently unconscious I mean that I am in a permanent coma or persistent vegetative state which is an irreversible condition in which I am at no time aware of myself or the environment and show no behavioral response to the environment. The life support systems which I do not want include, but are not limited to:
20	39
21	40
22	41
23		-	Artificial respiration
24		-	Cardiopulmonary resuscitation
25		-	Artificial means of providing nutrition and hydration
	42	+	T1 Artificial respiration
	43	+	T2 Cardiopulmonary resuscitation
	44	+	T3 Artificial means of providing nutrition and hydration
	45	+
	46	+	T1
26	47
27	48		Artificial respiration
28	49
	50	+	T2
	51	+
29	52		Cardiopulmonary resuscitation
	53	+
	54	+	T3
30	55
31	56		Artificial means of providing nutrition and hydration
32	57
33	58		(Cross out and initial life support systems you want administered)
34	59
35	60		I do not intend any direct taking of my life, but only that my dying not be unreasonably prolonged. ["]
36	61
37	62		If I am pregnant:
38	63
39	64		(Place a check to indicate option (1) or (2) or specify alternative instructions after (3))
40	65
	66	+	(1) I intend to accept life support systems if my doctor believes that doing so would allow my fetus to reach a live birth. ____
41	67
	68	+	(2) I intend this document to apply without modifications. ____
42	69
43		-	.... (1) I intend to accept life support systems if my doctor believes
44		-	that doing so would allow my fetus to reach a live birth.
45		-	.... (2) I intend this document to apply without modifications.
46		-	(3) I intend this document to apply as follows: ….
47		-
48		-	.... (1) I intend to accept life support systems if my doctor believes
49		-
50		-	that doing so would allow my fetus to reach a live birth.
51		-
52		-	.... (2) I intend this document to apply without modifications.
53		-
54		-	(3) I intend this document to apply as follows: ….
	70	+	(3) I intend this document to apply as follows: _____________________________________________________________________________________________________________________________"
55	71
56	72		Other specific requests:
57	73
58	74		"This request is made, after careful reflection, while I am of sound mind."
59	75
60	76
61	77
62		-	.... (Signature)
63		-	.... (Date)
	78	+	T4 .... (Signature)
	79	+	T5 .... (Date)
	80	+
	81	+	T4
64	82
65	83		.... (Signature)
	84	+
	85	+	T5
66	86
67	87		.... (Date)
68	88
69	89		This document was signed in our presence, by the above-named .... (Name) who appeared to be eighteen years of age or older, of sound mind and able to understand the nature and consequences of health care decisions at the time the document was signed.
70	90
71	91
72	92
73		-	.... (Witness)
74		-	.... (Address)
75		-	.... (Witness)
76		-	.... (Address)
	93	+	T6 .... (Witness)
	94	+	T7 .... (Address)
	95	+	T8 .... (Witness)
	96	+	T9 .... (Address)
	97	+
	98	+	T6
77	99
78	100		.... (Witness)
79	101
	102	+	T7
	103	+
80	104		.... (Address)
81	105
	106	+	T8
	107	+
82	108		.... (Witness)
	109	+
	110	+	T9
83	111
84	112		.... (Address)
85	113
86	114		Sec. 2. Section 19a-575a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
87	115
88	116		(a) Any person eighteen years of age or older may execute a document that contains health care instructions, the appointment of a health care representative, the designation of a conservator of the person for future incapacity and a document of anatomical gift. Any such document shall be signed and dated by the maker with at least two witnesses and may be in the substantially following form:
89	117
90	118		THESE ARE MY HEALTH CARE INSTRUCTIONS.
91	119
92	120		MY APPOINTMENT OF A HEALTH CARE REPRESENTATIVE,
93	121
94	122		THE DESIGNATION OF MY CONSERVATOR OF THE PERSON
95	123
96	124		FOR MY FUTURE INCAPACITY
97	125
98	126		AND
99	127
100	128		MY DOCUMENT OF ANATOMICAL GIFT
101	129
102	130		To any physician who is treating me: These are my health care instructions including those concerning the withholding or withdrawal of life support systems, together with the appointment of my health care representative, the designation of my conservator of the person for future incapacity and my document of anatomical gift. As my physician, you may rely on these health care instructions and any decision made by my health care representative or conservator of my person, if I am incapacitated to the point when I can no longer actively take part in decisions for my own life, and am unable to direct my physician as to my own medical care.
103	131
104	132		I, ...., the author of this document, request that, if my condition is deemed terminal or if I am determined to be permanently unconscious, I be allowed to die and not be kept alive through life support systems. By terminal condition, I mean that I have an incurable or irreversible medical condition which, without the administration of life support systems, will, in the opinion of my attending physician, result in death within a relatively short time. By permanently unconscious I mean that I am in a permanent coma or persistent vegetative state which is an irreversible condition in which I am at no time aware of myself or the environment and show no behavioral response to the environment. The life support systems which I do not want include, but are not limited to: Artificial respiration, cardiopulmonary resuscitation and artificial means of providing nutrition and hydration. I do want sufficient pain medication to maintain my physical comfort. I do not intend any direct taking of my life, but only that my dying not be unreasonably prolonged.
105	133
106	134		If I am pregnant:
107	135
108	136		(Place a check to indicate option (1) or (2) or specify alternative instructions after (3))
109	137
	138	+	(1) I intend to accept life support systems if my doctor believes that doing so would allow my fetus to reach a live birth. ____
110	139
	140	+	(2) I intend this document to apply without modifications. ____
111	141
112		-	.... (1) I intend to accept life support systems if my doctor believes
113		-	that doing so would allow my fetus to reach a live birth.
114		-	.... (2) I intend this document to apply without modifications.
115		-	(3) I intend this document to apply as follows: ....
116		-
117		-	.... (1) I intend to accept life support systems if my doctor believes
118		-
119		-	that doing so would allow my fetus to reach a live birth.
120		-
121		-	.... (2) I intend this document to apply without modifications.
122		-
123		-	(3) I intend this document to apply as follows: ....
	142	+	(3) I intend this document to apply as follows: ______________________________________________________________________________________________________________________________
124	143
125	144		I appoint .... to be my health care representative. If my attending physician determines that I am unable to understand and appreciate the nature and consequences of health care decisions and unable to reach and communicate an informed decision regarding treatment, my health care representative is authorized to make any and all health care decisions for me, including (1) the decision to accept or refuse any treatment, service or procedure used to diagnose or treat my physical or mental condition, except as otherwise provided by law such as for psychosurgery or shock therapy, as defined in section 17a-540, and (2) the decision to provide, withhold or withdraw life support systems. I direct my health care representative to make decisions on my behalf in accordance with my wishes, as stated in this document or as otherwise known to my health care representative. In the event my wishes are not clear or a situation arises that I did not anticipate, my health care representative may make a decision in my best interests, based upon what is known of my wishes.
126	145
127	146		If .... is unwilling or unable to serve as my health care representative, I appoint .... to be my alternative health care representative.
128	147
129	148		If a conservator of my person should need to be appointed, I designate .... be appointed my conservator. If .... is unwilling or unable to serve as my conservator, I designate ..... I designate .... to be successor conservator. No bond shall be required of either of them in any jurisdiction.
130	149
131	150		I hereby make this anatomical gift, if medically acceptable, to take effect upon my death.
132	151
133	152		I give: (check one)
134	153
135	154
136	155
137		-	.... (1) any needed organs or parts
138		-	.... (2) only the following organs or parts ….
	156	+	T10 .... (1) any needed organs or parts
	157	+	T11 .... (2) only the following organs or parts ….
	158	+
	159	+	T10
139	160
140	161		.... (1) any needed organs or parts
	162	+
	163	+	T11
141	164
142	165		.... (2) only the following organs or parts ….
143	166
144	167		to be donated for: (check one)
145	168
146	169
147	170
148		-	(1) .... any of the purposes stated in subsection (a) of section 19a-289j
149		-	(2) .... these limited purposes ....
	171	+	T12 (1) .... any of the purposes stated in subsection (a) of section 19a-289j
	172	+	T13 (2) .... these limited purposes ....
	173	+
	174	+	T12
150	175
151	176		(1) .... any of the purposes stated in subsection (a) of section 19a-289j
	177	+
	178	+	T13
152	179
153	180		(2) .... these limited purposes ....
154	181
155	182		These requests, appointments, and designations are made after careful reflection, while I am of sound mind. Any party receiving a duly executed copy or facsimile of this document may rely upon it unless such party has received actual notice of my revocation of it.
156	183
157	184
158	185
159		-	Date ...., 20..
160		-	.... L.S.
	186	+	T14 Date ...., 20..
	187	+	T15 .... L.S.
	188	+
	189	+	T14
161	190
162	191		Date ...., 20..
	192	+
	193	+	T15
163	194
164	195		.... L.S.
165	196
166	197		This document was signed in our presence by .... the author of this document, who appeared to be eighteen years of age or older, of sound mind and able to understand the nature and consequences of health care decisions at the time this document was signed. The author appeared to be under no improper influence. We have subscribed this document in the author's presence and at the author's request and in the presence of each other.
167	198
168	199
169	200
170		-	.... ....
171		-	(Witness) (Witness)
172		-	.... ....
173		-	(Number and Street) (Number and Street)
174		-	.... ....
175		-	(City, State and Zip Code) (City, State and Zip Code)
	201	+	T16 .... ....
	202	+	T17 (Witness) (Witness)
	203	+	T18 .... ....
	204	+	T19 (Number and Street) (Number and Street)
	205	+	T20 .... ....
	206	+	T21 (City, State and Zip Code) (City, State and Zip Code)
	207	+
	208	+	T16
176	209
177	210		....
178	211
179	212		....
180	213
	214	+	T17
	215	+
181	216		(Witness)
182	217
183	218		(Witness)
	219	+
	220	+	T18
184	221
185	222		....
186	223
187	224		....
188	225
	226	+	T19
	227	+
189	228		(Number and Street)
190	229
191	230		(Number and Street)
192	231
	232	+	T20
	233	+
193	234		....
194	235
195	236		....
	237	+
	238	+	T21
196	239
197	240		(City, State and Zip Code)
198	241
199	242		(City, State and Zip Code)
200	243
201	244
202	245
203		-	STATE OF CONNECTICUT }
204		-	ss. ....
205		-	COUNTY OF ....
	246	+	T22 T23 STATE OF CONNECTICUT }
	247	+	T24 ss. ....
	248	+	T25 COUNTY OF ....
	249	+
	250	+	T22
	251	+
	252	+	T23
206	253
207	254		STATE OF CONNECTICUT
208	255
209	256		}
210	257
	258	+	T24
	259	+
211	260		ss. ....
	261	+
	262	+	T25
212	263
213	264		COUNTY OF ....
214	265
215	266		We, the subscribing witnesses, being duly sworn, say that we witnessed the execution of these health care instructions, the appointments of a health care representative, the designation of a conservator for future incapacity and a document of anatomical gift by the author of this document; that the author subscribed, published and declared the same to be the author's instructions, appointments and designation in our presence; that we thereafter subscribed the document as witnesses in the author's presence, at the author's request, and in the presence of each other; that at the time of the execution of said document the author appeared to us to be eighteen years of age or older, of sound mind, able to understand the nature and consequences of said document, and under no improper influence, and we make this affidavit at the author's request this .... day of .... 20...
216	267
217	268
218	269
219		-	.... ....
220		-	(Witness) (Witness)
	270	+	T26 .... ....
	271	+	T27 (Witness) (Witness)
	272	+
	273	+	T26
221	274
222	275		....
223	276
224	277		....
	278	+
	279	+	T27
225	280
226	281		(Witness)
227	282
228	283		(Witness)
229	284
230	285		Subscribed and sworn to before me this .... day of .... 20..
231	286
232	287
233	288
234		-	....
235		-	Commissioner of the Superior Court
236		-	Notary Public
237		-	My commission expires: ....
	289	+	T28 ....
	290	+	T29 Commissioner of the Superior Court
	291	+	T30 Notary Public
	292	+	T31 My commission expires: ....
	293	+
	294	+	T28
238	295
239	296		....
240	297
	298	+	T29
	299	+
241	300		Commissioner of the Superior Court
242	301
	302	+	T30
	303	+
243	304		Notary Public
	305	+
	306	+	T31
244	307
245	308		My commission expires: ....
246	309
247	310		(Print or type name of all persons signing under all signatures)
248	311
249	312		(b) Except as provided in section 19a-579b, an appointment of health care representative may only be revoked by the declarant, in writing, and the writing shall be signed by the declarant and two witnesses.
250	313
251	314		(c) The attending physician or other health care provider shall make the revocation of an appointment of health care representative a part of the declarant's medical record.
252	315
253	316		(d) In the absence of knowledge of the revocation of an appointment of health care representative, a person who carries out an advance directive pursuant to the provisions of this chapter shall not be subject to civil or criminal liability or discipline for unprofessional conduct for carrying out such advance directive.
254	317
255	318		(e) The revocation of an appointment of health care representative does not, of itself, revoke the living will of the declarant.
256	319
257	320		Sec. 3. Subsection (a) of section 19a-573 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
258	321
259	322		(a) Notwithstanding the provisions of sections 19a-571, 19a-572, [19a-574,] 19a-575, as amended by this act, 19a-575a, as amended by this act, 19a-577, 19a-580a and 19a-580b, comfort care and pain alleviation shall be provided in all cases.
260	323
261	324		Sec. 4. Section 19a-574 of the general statutes is repealed. (Effective from passage)
	325	+
	326	+
	327	+
	328	+
	329	+	This act shall take effect as follows and shall amend the following sections:
	330	+	Section 1 from passage 19a-575
	331	+	Sec. 2 from passage 19a-575a
	332	+	Sec. 3 from passage 19a-573(a)
	333	+	Sec. 4 from passage Repealer section
	334	+
	335	+	This act shall take effect as follows and shall amend the following sections:
	336	+
	337	+	Section 1
	338	+
	339	+	from passage
	340	+
	341	+	19a-575
	342	+
	343	+	Sec. 2
	344	+
	345	+	from passage
	346	+
	347	+	19a-575a
	348	+
	349	+	Sec. 3
	350	+
	351	+	from passage
	352	+
	353	+	19a-573(a)
	354	+
	355	+	Sec. 4
	356	+
	357	+	from passage
	358	+
	359	+	Repealer section
	360	+
	361	+
	362	+
	363	+	PH Joint Favorable
	364	+	JUD Joint Favorable
	365	+
	366	+	PH
	367	+
	368	+	Joint Favorable
	369	+
	370	+	JUD
	371	+
	372	+	Joint Favorable