Establishes the "Designated Health Care Decision-Maker Act", which authorizes certain persons to make health care decisions for certain incapacitated persons
The bill significantly impacts healthcare law in Missouri as it provides legal clarity on who can make critical healthcare decisions when a patient is incapacitated. It aims to reduce ambiguity surrounding these situations, thereby ensuring that healthcare decisions are made in the best interests of the patient and that their previously expressed wishes (if known) are honored. The act also establishes protections for healthcare providers who act in good faith in accordance with the provisions set out in the bill.
House Bill 747, known as the 'Designated Health Care Decision-Maker Act', proposes to amend Missouri's Chapter 404 to establish clear protocols for making healthcare decisions for incapacitated individuals. The bill defines who qualifies as a designated healthcare decision-maker and establishes a hierarchy among potential decision-makers when the patient is unable to express their healthcare preferences. This hierarchy prioritizes family members and acquaintances in determining decisions that align with the incapacitated person's values and beliefs.
Despite its intentions, the bill has drawn some criticism and concern regarding the potential for conflicts between the designated decision-makers and healthcare providers. Some stakeholders worry about the implications of allowing designated decision-makers to withhold or withdraw nutrition and hydration under certain conditions, particularly the provisions that stipulate this can only occur with the certification of two physicians. Opponents argue that such power could potentially lead to ethical dilemmas or even abuses, especially in vulnerable populations.
Another notable aspect of the bill is its stance against euthanasia or mercy killing, clarifying that it does not authorize any actions intended to hasten a person's death. The bill emphasizes the importance of respecting the moral and ethical beliefs of healthcare providers when it comes to compliance with the decisions made by designated healthcare decision-makers. This adds a layer of complexity as it requires a balance between patient autonomy and the personal beliefs of those providing care.