Establishes the Designated Health Care Decision-Maker Act, which authorizes certain persons to make health care decisions for certain incapacitated persons
The Act aims to clarify the process for health care providers when a patient cannot make their own health decisions due to incapacity. It articulates the order of priority for potential decision-makers, which includes spouses, adult children, parents, and other close relatives. Notably, health care facilities or providers are allowed to decline to follow a health care decision made by a designated decision-maker if it contradicts their deeply held religious or moral beliefs, provided they ensure the patient is transferred to a willing provider. This provision raises potential ethical concerns regarding patient care and autonomy.
Senate Bill 1055 establishes the 'Designated Health Care Decision-Maker Act', which allows for designated individuals to make health care decisions on behalf of incapacitated patients. This bill introduces new sections into Chapter 404 of the Revised Statutes of Missouri, providing definitions and protocols for appointing a designated health care decision-maker. The bill stipulates that a health care decision-maker can only be appointed if the patient is determined incapacitated and has no legally appointed guardian or durable power of attorney active at the time of incapacitation.
Points of contention surrounding SB1055 revolve around the rights of incapacitated individuals versus the beliefs of healthcare professionals. Critics argue that allowing health care providers to refuse treatment based on personal beliefs could lead to instances where patients are denied necessary care that aligns with their best interests. Furthermore, the bill emphasizes the necessity of natural feeding methods wherever possible but raises questions about how well patients' preferences and the ethical considerations of care providers will be balanced in practice.