SLS 12RS-310 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 114
BY SENATOR MILLS
HEALTH CARE. Amends the advance directive statute to conform it with the general
consent statute regarding the authorized persons order of priority. (8/1/12)
AN ACT1
To amend and reenact R.S. 40:1299.58.5(A)(2)(a) and (b) and (3), relative to declarations2
concerning medical procedures; to provide with respect to the order of priority for3
the procedure for making a declaration for a qualified patient who has not previously4
made a declaration; to provide for voting number when the class involves multiple5
persons; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 40:1299.58.5(A)(2)(a) and (b) and (3) are hereby amended and8
reenacted to read as follows: 9
ยง1299.58.5. Procedure for making a declaration for a qualified patient who has not10
previously made a declaration11
A.(1) * * *12
(2) When a comatose or incompetent person or a person who is physically13
or mentally incapable of communication has been certified as a qualified patient and14
has not previously made a declaration, any of the following individuals in the15
following order of priority, if there is no individual in a prior class who is reasonably16
available, willing, and competent to act, may make a declaration on the qualified17 SB NO. 114
SLS 12RS-310 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
patient's behalf:1
(a) Any person or persons previously designated by the patient, while an2
adult, by written instrument signed by the patient in the presence of at least two3
witnesses, to have the authority to make a declaration for the patient in the event of4
the patient's inability to do so. If the instrument so authorizes more than one person,5
it may include the order in which the persons designated shall have authority to make6
the declaration. The judicially appointed tutor or curator of the patient if one7
has been appointed. This Subparagraph shall not be construed to require such8
appointment in order that a declaration can be made under this Section.9
(b) The judicially appointed tutor or curator of the patient if one has been10
appointed. This Subparagraph shall not be construed to require such appointment11
in order that a declaration can be made under this Section. Any person or persons12
previously designated by the patient, while an adult, by written instrument13
signed by the patient in the presence of at least two witnesses, to have the14
authority to make a declaration for the patient in the event of the patient's15
inability to do so. If the instrument so authorizes more than one person, it may16
include the order in which the persons designated shall have authority to make17
the declaration.18
* * *19
(3) If there is more than one person within the above named class in20
Subparagraphs (d) through (g), then the declaration shall be made by all a majority21
of that class available for consultation upon good faith efforts to secure participation22
of all of that class.23
* * *24
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christopher D. Adams.
DIGEST
Present law provides the procedure for making a declaration concerning medical procedures
for a qualified patient who has not previously made a declaration.
Proposed law swaps the order of priority and moves a judicially appointed tutor or curator SB NO. 114
SLS 12RS-310 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
to the first position on the order of priority and moves any person previously designated by
patient to second on the order of priority.
Proposed law changes the requirement that all available members of a class make the
declaration to the requirement that a majority of the available members of the class make the
declaration.
Effective August 1, 2012.
(Amends R.S. 40:1299.58.5(A)(2)(a) and (b) and (3))