Hawaii 2023 Regular Session

Hawaii Senate Bill SB1017 Compare Versions

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11 THE SENATE S.B. NO. 1017 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT relating to health. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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33 THE SENATE S.B. NO. 1017
44 THIRTY-SECOND LEGISLATURE, 2023
55 STATE OF HAWAII
66
77 THE SENATE
88
99 S.B. NO.
1010
1111 1017
1212
1313 THIRTY-SECOND LEGISLATURE, 2023
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1717 STATE OF HAWAII
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1919
2020
2121
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2525
2626
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3131 A BILL FOR AN ACT
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3333
3434
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3737 relating to health.
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4343 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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4545
4646
4747 SECTION 1. Section 327E-2, Hawaii Revised Statutes, is amended as follows: 1. By adding two new definitions to be appropriately inserted and to read: ""Electronic prescription" has the same meaning as in section 329.1. "Pharmacist" has the same meaning as in section 329.1." 2. By amending the definition of "health care" to read: ""Health care" means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect an individual's physical or mental condition, including: (1) Selection and discharge of health-care providers and institutions; (2) Approval or disapproval of diagnostic tests, surgical procedures, programs of medication, and orders not to resuscitate; [and] (3) Direction to provide, withhold, or withdraw artificial nutrition and hydration; provided that withholding or withdrawing artificial nutrition or hydration is in accord with generally accepted health care standards applicable to health-case providers or institutions[.]; and (4) Refusal of the administration of any opioid medication." SECTION 2. Section 327E-9, Hawaii Revised Statutes, is amended to read as follows: "[[]§327E-9[]] Immunities. (a) A health-care provider or institution acting in good faith and in accordance with generally accepted health-care standards applicable to the health-care provider or institution shall not be subject to civil or criminal liability or to discipline for unprofessional conduct for: (1) Complying with a health-care decision of a person apparently having authority to make a health-care decision for a patient, including a decision to withhold or withdraw health care; (2) Declining to comply with a health-care decision of a person based on a belief that the person then lacked authority; [or] (3) Complying with an advance health-care directive and assuming that the directive was valid when made and has not been revoked or terminated[.]; or (4) Revoking or overriding, in good faith, a voluntary non-opioid directive in an emergency situation. (b) An individual acting as agent, guardian, or surrogate under this chapter shall not be subject to civil or criminal liability or to discipline for unprofessional conduct for health-care decisions made in good faith. (c) A prescription presented or electronically transmitted to a pharmacy shall be presumed valid for the purposes of this chapter and a pharmacist shall not be subject to civil or criminal liability or to discipline for unprofessional conduct for dispensing a controlled substance in contradiction of a patient's advance health-care directive that refuses the offer or administration of any opioid medication." SECTION 3. Section 327E-16, Hawaii Revised Statutes, is amended to read as follows: "§327E-16 Optional form. The following sample form may be used to create an advance health-care directive. This form may be duplicated. This form may be modified to suit the needs of the person, or a completely different form may be used that contains the substance of the following form. "ADVANCE HEALTH-CARE DIRECTIVE Explanation You have the right to give instructions about your own health care. You also have the right to name someone else to make health-care decisions for you. This form lets you do either or both of these things. It also lets you express your wishes regarding the designation of your health-care provider. If you use this form, you may complete or modify all or any part of it. You are free to use a different form. Part 1 of this form is a power of attorney for health care. Part 1 lets you name another individual as agent to make health-care decisions for you if you become incapable of making your own decisions or if you want someone else to make those decisions for you now even though you are still capable. You may name an alternate agent to act for you if your first choice is not willing, able, or reasonably available to make decisions for you. Unless related to you, your agent may not be an owner, operator, or employee of a health-care institution where you are receiving care. Unless the form you sign limits the authority of your agent, your agent may make all health-care decisions for you. This form has a place for you to limit the authority of your agent. You need not limit the authority of your agent if you wish to rely on your agent for all health-care decisions that may have to be made. If you choose not to limit the authority of your agent, your agent will have the right to: (1) Consent or refuse consent to any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a physical or mental condition; (2) Select or discharge health-care providers and institutions; (3) Approve or disapprove diagnostic tests, surgical procedures, programs of medication, and orders not to resuscitate; and (4) Direct the provision, withholding, or withdrawal of artificial nutrition and hydration and all other forms of health care. Part 2 of this form lets you give specific instructions about any aspect of your health care. Choices are provided for you to express your wishes regarding the provision, withholding, or withdrawal of treatment to keep you alive, including the provision of artificial nutrition and hydration, as well as the provision of pain relief medication. Space is provided for you to add to the choices you have made or for you to write out any additional wishes. Part 3 of this form lets you give specific instructions with regard to the donation of organs at death. Part 4 of this form lets you designate a physician to have primary responsibility for your health care. After completing this form, sign and date the form at the end and have the form witnessed by one of the two alternative methods listed below. Give a copy of the signed and completed form to your physician, to any other health-care providers you may have, to any health-care institution at which you are receiving care, and to any health-care agents you have named. You should talk to the person you have named as agent to make sure that he or she understands your wishes and is willing to take the responsibility. You have the right to revoke this advance health-care directive or replace this form at any time. PART 1 DURABLE POWER OF ATTORNEY FOR HEALTH-CARE DECISIONS (1) DESIGNATION OF AGENT: I designate the following individual as my agent to make health-care decisions for me: _______________________________________________ (name of individual you choose as agent) _______________________________________________ (address) (city) (state) (zip code) _______________________________________________ (home phone) (work phone) OPTIONAL: If I revoke my agent's authority or if my agent is not willing, able, or reasonably available to make a health-care decision for me, I designate as my first alternate agent: _______________________________________________ (name of individual you choose as first alternate agent) _______________________________________________ (address) (city) (state) (zip code) _______________________________________________ (home phone) (work phone) OPTIONAL: If I revoke the authority of my agent and first alternate agent or if neither is willing, able, or reasonably available to make a health-care decision for me, I designate as my second alternate agent: _______________________________________________ (name of individual you choose as second alternate agent) _______________________________________________ (address) (city) (state) (zip code) _______________________________________________ (home phone) (work phone) (2) AGENT'S AUTHORITY: My agent is authorized to make all health-care decisions for me, including decisions to provide, withhold, or withdraw artificial nutrition and hydration, and all other forms of health care to keep me alive, except as I state here: _______________________________________________ _______________________________________________ _______________________________________________ (Add additional sheets if needed.) (3) WHEN AGENT'S AUTHORITY BECOMES EFFECTIVE: My agent's authority becomes effective when my primary physician determines that I am unable to make my own health-care decisions unless I mark the following box. If I mark this box [ ], my agent's authority to make health-care decisions for me takes effect immediately. (4) AGENT'S OBLIGATION: My agent shall make health-care decisions for me in accordance with this power of attorney for health care, any instructions I give in Part 2 of this form, and my other wishes to the extent known to my agent. To the extent my wishes are unknown, my agent shall make health-care decisions for me in accordance with what my agent determines to be in my best interest. In determining my best interest, my agent shall consider my personal values to the extent known to my agent. (5) NOMINATION OF GUARDIAN: If a guardian needs to be appointed for me by a court, I nominate the agent designated in this form. If that agent is not willing, able, or reasonably available to act as guardian, I nominate the alternate agents whom I have named, in the order designated. PART 2 INSTRUCTIONS FOR HEALTH CARE If you are satisfied to allow your agent to determine what is best for you in making end-of-life decisions, you need not fill out this part of the form. If you do fill out this part of the form, you may strike any wording you do not want. (6) END-OF-LIFE DECISIONS: I direct that my health-care providers and others involved in my care provide, withhold, or withdraw treatment in accordance with the choice I have marked below: (Check only one box.) [ ] (a) Choice Not To Prolong Life I do not want my life to be prolonged if (i) I have an incurable and irreversible condition that will result in my death within a relatively short time, (ii) I become unconscious and, to a reasonable degree of medical certainty, I will not regain consciousness, or (iii) the likely risks and burdens of treatment would outweigh the expected benefits, OR [ ] (b) Choice To Prolong Life I want my life to be prolonged as long as possible within the limits of generally accepted health-care standards. (7) ARTIFICIAL NUTRITION AND HYDRATION: Artificial nutrition and hydration [must] shall be provided, withheld or withdrawn in accordance with the choice I have made in paragraph (6) unless I mark the following box. If I mark this box [ ], artificial nutrition and hydration [must] shall be provided regardless of my condition and regardless of the choice I have made in paragraph (6). (8) RELIEF FROM PAIN: If I mark this box [ ], I direct that treatment to alleviate pain or discomfort should be provided to me even if it hastens my death. (9) VOLUNTARY NON-OPIOID OPTION: If I mark this box [ ], I refuse at my own insistence the offer or administration of any opioid medications. [(9)] (10) OTHER WISHES: (If you do not agree with any of the optional choices above and wish to write your own, or if you wish to add to the instructions you have given above, you may do so here.) I direct that: _______________________________________________ _______________________________________________ (Add additional sheets if needed.) PART 3 DONATION OF ORGANS AT DEATH (OPTIONAL) [(10)] (11) Upon my death: (mark applicable box) [ ] (a) I give any needed organs, tissues, or parts, OR [ ] (b) I give the following organs, tissues, or parts only __________________________________________ [ ] (c) My gift is for the following purposes (strike any of the following you do not want) (i) Transplant (ii) Therapy (iii) Research (iv) Education PART 4 PRIMARY PHYSICIAN (OPTIONAL) [(11)] (12) I designate the following physician as my primary physician: _______________________________________________ (name of physician) _______________________________________________ (address) (city) (state) (zip code) _______________________________________________ (phone) OPTIONAL: If the physician I have designated above is not willing, able, or reasonably available to act as my primary physician, I designate the following physician as my primary physician: _______________________________________________ (name of physician) _______________________________________________ (address) (city) (state) (zip code) _______________________________________________ (phone) [(12)] (13) EFFECT OF COPY: A copy of this form has the same effect as the original. [(13)] (14) SIGNATURES: Sign and date the form here: ________________________ __________________ (date) (sign your name) ________________________ __________________ (address) (print your name) ________________________ (city) (state) [(14)] (15) WITNESSES: This power of attorney will not be valid for making health-care decisions unless it is either (a) signed by two qualified adult witnesses who are personally known to you and who are present when you sign or acknowledge your signature; or (b) acknowledged before a notary public in the State. ALTERNATIVE NO. 1 Witness I declare under penalty of false swearing pursuant to section 710-1062, Hawaii Revised Statutes, that the principal is personally known to me, that the principal signed or acknowledged this power of attorney in my presence, that the principal appears to be of sound mind and under no duress, fraud, or undue influence, that I am not the person appointed as agent by this document, and that I am not a health-care provider, nor an employee of a health-care provider or facility. I am not related to the principal by blood, marriage, or adoption, and to the best of my knowledge, I am not entitled to any part of the estate of the principal upon the death of the principal under a will now existing or by operation of law. ________________________ __________________ (date) (signature of witness) ________________________ __________________ (address) (printed name of witness) ________________________ (city) (state) Witness I declare under penalty of false swearing pursuant to section 710-1062, Hawaii Revised Statutes, that the principal is personally known to me, that the principal signed or acknowledged this power of attorney in my presence, that the principal appears to be of sound mind and under no duress, fraud, or undue influence, that I am not the person appointed as agent by this document, and that I am not a health-care provider, nor an employee of a health-care provider or facility. ________________________ __________________ (date) (signature of witness) ________________________ __________________ (address) (printed name of witness) ________________________ (city) (state) ALTERNATIVE NO. 2 State of Hawaii County of ________________ On this _____________ day of _______________, in the year _______, before me, __________________ (insert name of notary public) appeared _________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it. Notary Seal ____________________________ (Signature of Notary Public)" SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
4848
4949 SECTION 1. Section 327E-2, Hawaii Revised Statutes, is amended as follows:
5050
5151 1. By adding two new definitions to be appropriately inserted and to read:
5252
5353 ""Electronic prescription" has the same meaning as in section 329.1.
5454
5555 "Pharmacist" has the same meaning as in section 329.1."
5656
5757 2. By amending the definition of "health care" to read:
5858
5959 ""Health care" means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect an individual's physical or mental condition, including:
6060
6161 (1) Selection and discharge of health-care providers and institutions;
6262
6363 (2) Approval or disapproval of diagnostic tests, surgical procedures, programs of medication, and orders not to resuscitate; [and]
6464
6565 (3) Direction to provide, withhold, or withdraw artificial nutrition and hydration; provided that withholding or withdrawing artificial nutrition or hydration is in accord with generally accepted health care standards applicable to health-case providers or institutions[.]; and
6666
6767 (4) Refusal of the administration of any opioid medication."
6868
6969 SECTION 2. Section 327E-9, Hawaii Revised Statutes, is amended to read as follows:
7070
7171 "[[]§327E-9[]] Immunities. (a) A health-care provider or institution acting in good faith and in accordance with generally accepted health-care standards applicable to the health-care provider or institution shall not be subject to civil or criminal liability or to discipline for unprofessional conduct for:
7272
7373 (1) Complying with a health-care decision of a person apparently having authority to make a health-care decision for a patient, including a decision to withhold or withdraw health care;
7474
7575 (2) Declining to comply with a health-care decision of a person based on a belief that the person then lacked authority; [or]
7676
7777 (3) Complying with an advance health-care directive and assuming that the directive was valid when made and has not been revoked or terminated[.]; or
7878
7979 (4) Revoking or overriding, in good faith, a voluntary non-opioid directive in an emergency situation.
8080
8181 (b) An individual acting as agent, guardian, or surrogate under this chapter shall not be subject to civil or criminal liability or to discipline for unprofessional conduct for health-care decisions made in good faith.
8282
8383 (c) A prescription presented or electronically transmitted to a pharmacy shall be presumed valid for the purposes of this chapter and a pharmacist shall not be subject to civil or criminal liability or to discipline for unprofessional conduct for dispensing a controlled substance in contradiction of a patient's advance health-care directive that refuses the offer or administration of any opioid medication."
8484
8585 SECTION 3. Section 327E-16, Hawaii Revised Statutes, is amended to read as follows:
8686
8787 "§327E-16 Optional form. The following sample form may be used to create an advance health-care directive. This form may be duplicated. This form may be modified to suit the needs of the person, or a completely different form may be used that contains the substance of the following form.
8888
8989
9090
9191 "ADVANCE HEALTH-CARE DIRECTIVE
9292
9393
9494
9595 Explanation
9696
9797
9898
9999 You have the right to give instructions about your own health care. You also have the right to name someone else to make health-care decisions for you. This form lets you do either or both of these things. It also lets you express your wishes regarding the designation of your health-care provider. If you use this form, you may complete or modify all or any part of it. You are free to use a different form.
100100
101101 Part 1 of this form is a power of attorney for health care. Part 1 lets you name another individual as agent to make health-care decisions for you if you become incapable of making your own decisions or if you want someone else to make those decisions for you now even though you are still capable. You may name an alternate agent to act for you if your first choice is not willing, able, or reasonably available to make decisions for you. Unless related to you, your agent may not be an owner, operator, or employee of a health-care institution where you are receiving care.
102102
103103 Unless the form you sign limits the authority of your agent, your agent may make all health-care decisions for you. This form has a place for you to limit the authority of your agent. You need not limit the authority of your agent if you wish to rely on your agent for all health-care decisions that may have to be made. If you choose not to limit the authority of your agent, your agent will have the right to:
104104
105105 (1) Consent or refuse consent to any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a physical or mental condition;
106106
107107 (2) Select or discharge health-care providers and institutions;
108108
109109 (3) Approve or disapprove diagnostic tests, surgical procedures, programs of medication, and orders not to resuscitate; and
110110
111111 (4) Direct the provision, withholding, or withdrawal of artificial nutrition and hydration and all other forms of health care.
112112
113113 Part 2 of this form lets you give specific instructions about any aspect of your health care. Choices are provided for you to express your wishes regarding the provision, withholding, or withdrawal of treatment to keep you alive, including the provision of artificial nutrition and hydration, as well as the provision of pain relief medication. Space is provided for you to add to the choices you have made or for you to write out any additional wishes.
114114
115115 Part 3 of this form lets you give specific instructions with regard to the donation of organs at death.
116116
117117 Part 4 of this form lets you designate a physician to have primary responsibility for your health care.
118118
119119 After completing this form, sign and date the form at the end and have the form witnessed by one of the two alternative methods listed below. Give a copy of the signed and completed form to your physician, to any other health-care providers you may have, to any health-care institution at which you are receiving care, and to any health-care agents you have named. You should talk to the person you have named as agent to make sure that he or she understands your wishes and is willing to take the responsibility.
120120
121121 You have the right to revoke this advance health-care directive or replace this form at any time.
122122
123123
124124
125125 PART 1
126126
127127 DURABLE POWER OF ATTORNEY FOR HEALTH-CARE DECISIONS
128128
129129
130130
131131 (1) DESIGNATION OF AGENT: I designate the following individual as my agent to make health-care decisions for me:
132132
133133
134134
135135 _______________________________________________
136136
137137 (name of individual you choose as agent)
138138
139139
140140
141141 _______________________________________________
142142
143143 (address) (city) (state) (zip code)
144144
145145
146146
147147 _______________________________________________
148148
149149 (home phone) (work phone)
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151151
152152
153153 OPTIONAL: If I revoke my agent's authority or if my agent is not willing, able, or reasonably available to make a health-care decision for me, I designate as my first alternate agent:
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155155
156156
157157 _______________________________________________
158158
159159 (name of individual you choose as first alternate agent)
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161161
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163163 _______________________________________________
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165165 (address) (city) (state) (zip code)
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167167
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169169 _______________________________________________
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171171 (home phone) (work phone)
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175175 OPTIONAL: If I revoke the authority of my agent and first alternate agent or if neither is willing, able, or reasonably available to make a health-care decision for me, I designate as my second alternate agent:
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177177
178178
179179 _______________________________________________
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181181 (name of individual you choose as second alternate agent)
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183183
184184
185185 _______________________________________________
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187187 (address) (city) (state) (zip code)
188188
189189
190190
191191 _______________________________________________
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193193 (home phone) (work phone)
194194
195195
196196
197197 (2) AGENT'S AUTHORITY: My agent is authorized to make all health-care decisions for me, including decisions to provide, withhold, or withdraw artificial nutrition and hydration, and all other forms of health care to keep me alive, except as I state here:
198198
199199
200200
201201 _______________________________________________
202202
203203
204204
205205 _______________________________________________
206206
207207
208208
209209 _______________________________________________
210210
211211 (Add additional sheets if needed.)
212212
213213
214214
215215 (3) WHEN AGENT'S AUTHORITY BECOMES EFFECTIVE: My agent's authority becomes effective when my primary physician determines that I am unable to make my own health-care decisions unless I mark the following box. If I mark this box [ ], my agent's authority to make health-care decisions for me takes effect immediately.
216216
217217 (4) AGENT'S OBLIGATION: My agent shall make health-care decisions for me in accordance with this power of attorney for health care, any instructions I give in Part 2 of this form, and my other wishes to the extent known to my agent. To the extent my wishes are unknown, my agent shall make health-care decisions for me in accordance with what my agent determines to be in my best interest. In determining my best interest, my agent shall consider my personal values to the extent known to my agent.
218218
219219 (5) NOMINATION OF GUARDIAN: If a guardian needs to be appointed for me by a court, I nominate the agent designated in this form. If that agent is not willing, able, or reasonably available to act as guardian, I nominate the alternate agents whom I have named, in the order designated.
220220
221221
222222
223223 PART 2
224224
225225 INSTRUCTIONS FOR HEALTH CARE
226226
227227
228228
229229 If you are satisfied to allow your agent to determine what is best for you in making end-of-life decisions, you need not fill out this part of the form. If you do fill out this part of the form, you may strike any wording you do not want.
230230
231231 (6) END-OF-LIFE DECISIONS: I direct that my health-care providers and others involved in my care provide, withhold, or withdraw treatment in accordance with the choice I have marked below: (Check only one box.)
232232
233233 [ ] (a) Choice Not To Prolong Life
234234
235235 I do not want my life to be prolonged if (i) I have an incurable and irreversible condition that will result in my death within a relatively short time, (ii) I become unconscious and, to a reasonable degree of medical certainty, I will not regain consciousness, or (iii) the likely risks and burdens of treatment would outweigh the expected benefits, OR
236236
237237 [ ] (b) Choice To Prolong Life
238238
239239 I want my life to be prolonged as long as possible within the limits of generally accepted health-care standards.
240240
241241 (7) ARTIFICIAL NUTRITION AND HYDRATION: Artificial nutrition and hydration [must] shall be provided, withheld or withdrawn in accordance with the choice I have made in paragraph (6) unless I mark the following box. If I mark this box [ ], artificial nutrition and hydration [must] shall be provided regardless of my condition and regardless of the choice I have made in paragraph (6).
242242
243243 (8) RELIEF FROM PAIN: If I mark this box [ ], I direct that treatment to alleviate pain or discomfort should be provided to me even if it hastens my death.
244244
245245 (9) VOLUNTARY NON-OPIOID OPTION: If I mark this box [ ], I refuse at my own insistence the offer or administration of any opioid medications.
246246
247247 [(9)] (10) OTHER WISHES: (If you do not agree with any of the optional choices above and wish to write your own, or if you wish to add to the instructions you have given above, you may do so here.) I direct that:
248248
249249
250250
251251 _______________________________________________
252252
253253
254254
255255 _______________________________________________
256256
257257 (Add additional sheets if needed.)
258258
259259
260260
261261 PART 3
262262
263263 DONATION OF ORGANS AT DEATH
264264
265265 (OPTIONAL)
266266
267267
268268
269269 [(10)] (11) Upon my death: (mark applicable box)
270270
271271 [ ] (a) I give any needed organs, tissues, or parts,
272272
273273 OR
274274
275275 [ ] (b) I give the following organs, tissues, or parts only
276276
277277 __________________________________________
278278
279279 [ ] (c) My gift is for the following purposes (strike any of the following you do not want)
280280
281281 (i) Transplant
282282
283283 (ii) Therapy
284284
285285 (iii) Research
286286
287287 (iv) Education
288288
289289
290290
291291 PART 4
292292
293293 PRIMARY PHYSICIAN
294294
295295 (OPTIONAL)
296296
297297
298298
299299 [(11)] (12) I designate the following physician as my primary physician:
300300
301301
302302
303303 _______________________________________________
304304
305305 (name of physician)
306306
307307
308308
309309 _______________________________________________
310310
311311 (address) (city) (state) (zip code)
312312
313313
314314
315315 _______________________________________________
316316
317317 (phone)
318318
319319
320320
321321 OPTIONAL: If the physician I have designated above is not willing, able, or reasonably available to act as my primary physician, I designate the following physician as my primary physician:
322322
323323
324324
325325 _______________________________________________
326326
327327 (name of physician)
328328
329329
330330
331331 _______________________________________________
332332
333333 (address) (city) (state) (zip code)
334334
335335
336336
337337 _______________________________________________
338338
339339 (phone)
340340
341341
342342
343343 [(12)] (13) EFFECT OF COPY: A copy of this form has the same effect as the original.
344344
345345 [(13)] (14) SIGNATURES: Sign and date the form here:
346346
347347
348348
349349 ________________________ __________________
350350
351351 (date) (sign your name)
352352
353353
354354
355355 ________________________ __________________
356356
357357 (address) (print your name)
358358
359359
360360
361361
362362
363363 ________________________
364364
365365 (city) (state)
366366
367367
368368
369369 [(14)] (15) WITNESSES: This power of attorney will not be valid for making health-care decisions unless it is either (a) signed by two qualified adult witnesses who are personally known to you and who are present when you sign or acknowledge your signature; or (b) acknowledged before a notary public in the State.
370370
371371
372372
373373 ALTERNATIVE NO. 1
374374
375375
376376
377377 Witness
378378
379379 I declare under penalty of false swearing pursuant to section 710-1062, Hawaii Revised Statutes, that the principal is personally known to me, that the principal signed or acknowledged this power of attorney in my presence, that the principal appears to be of sound mind and under no duress, fraud, or undue influence, that I am not the person appointed as agent by this document, and that I am not a health-care provider, nor an employee of a health-care provider or facility. I am not related to the principal by blood, marriage, or adoption, and to the best of my knowledge, I am not entitled to any part of the estate of the principal upon the death of the principal under a will now existing or by operation of law.
380380
381381
382382
383383 ________________________ __________________
384384
385385 (date) (signature of witness)
386386
387387
388388
389389 ________________________ __________________
390390
391391 (address) (printed name of witness)
392392
393393
394394
395395 ________________________
396396
397397 (city) (state)
398398
399399
400400
401401 Witness
402402
403403 I declare under penalty of false swearing pursuant to section 710-1062, Hawaii Revised Statutes, that the principal is personally known to me, that the principal signed or acknowledged this power of attorney in my presence, that the principal appears to be of sound mind and under no duress, fraud, or undue influence, that I am not the person appointed as agent by this document, and that I am not a health-care provider, nor an employee of a health-care provider or facility.
404404
405405
406406
407407 ________________________ __________________
408408
409409 (date) (signature of witness)
410410
411411
412412
413413 ________________________ __________________
414414
415415 (address) (printed name of witness)
416416
417417
418418
419419 ________________________
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421421 (city) (state)
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423423
424424
425425 ALTERNATIVE NO. 2
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427427
428428
429429 State of Hawaii
430430
431431 County of ________________
432432
433433 On this _____________ day of _______________, in the year _______, before me, __________________ (insert name of notary public) appeared _________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it.
434434
435435
436436
437437
438438
439439 Notary Seal
440440
441441
442442
443443 ____________________________
444444
445445 (Signature of Notary Public)"
446446
447447 SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
448448
449449
450450
451451 SECTION 5. This Act shall take effect upon its approval.
452452
453453
454454
455455 INTRODUCED BY: _____________________________
456456
457457 INTRODUCED BY:
458458
459459 _____________________________
460460
461461
462462
463463
464464
465465 Report Title: Advance Health-Care Directive; Voluntary Non-Opioid Option Description: Adds a voluntary non-opioid option to the sample advance health-care directive form. Establishes that a prescription presented or electronically transmitted to a pharmacy shall be presumed valid and grants pharmacists immunity from civil, criminal, and professional liability for dispensing an opioid in contravention of a patient's non-opioid directive. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
466466
467467
468468
469469
470470
471471 Report Title:
472472
473473 Advance Health-Care Directive; Voluntary Non-Opioid Option
474474
475475
476476
477477 Description:
478478
479479 Adds a voluntary non-opioid option to the sample advance health-care directive form. Establishes that a prescription presented or electronically transmitted to a pharmacy shall be presumed valid and grants pharmacists immunity from civil, criminal, and professional liability for dispensing an opioid in contravention of a patient's non-opioid directive.
480480
481481
482482
483483
484484
485485
486486
487487 The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.