Utah 2025 Regular Session

Utah Senate Bill SB0134

Introduced
1/21/25  
Refer
1/23/25  
Report Pass
1/28/25  
Engrossed
2/7/25  
Refer
2/11/25  
Report Pass
2/14/25  
Enrolled
3/4/25  

Caption

Health Care Decisions Act Amendments

Impact

This bill will significantly affect how health care decisions are made in Utah, ensuring a more uniform approach to advance health care directives across the state. Existing provisions related to advance health care directives will be repealed and replaced with laws governing the new uniform act. This change is intended to clarify and simplify the decision-making process for patients and health care providers alike, while also maintaining protections for individuals' rights to make their own health care choices as well as addressing mental health aspects more explicitly.

Summary

SB0134, also known as the Health Care Decisions Act Amendments, aims to institute the Uniform Health Care Decisions Act within Utah law. This legislation addresses critical aspects of health care decision-making, including the definition of terms, provisions concerning advance health care directives that now encompass mental health care directives, and the establishment of an optional form for these directives. The bill emphasizes the role of health care providers as surrogates under defined circumstances and details the liability and immunity protections for health care professionals enacting these directives.

Sentiment

The reception of SB0134 has been largely positive among legislators who view it as a necessary modernization of health care decision-making practices in Utah. However, concerns have been raised by advocacy groups regarding the potential implications of allowing health care providers to act as surrogates in specific situations, which could lead to conflicts of interest. Overall, supporters see this bill as a pivotal step in aligning state laws with contemporary practices and ensuring that individuals' health care directives are upheld consistently.

Contention

Key points of contention revolve around provisions that allow health care professionals to assume surrogate decision-making roles under certain conditions. Critics argue this could undermine patients' autonomy and lead to undue influence from providers. Additionally, the liability protections granted to health care providers for compliance with directives may raise ethical questions about the discretion exercised in critical decisions pertaining to life-sustaining treatments. The balancing act of protecting patient rights while ensuring clear operational guidelines for health care providers will be an ongoing discussion within the context of this bill.

Companion Bills

No companion bills found.

Similar Bills

OK HB1687

Advance health care directives; Uniform Health Care Decisions Act of 2025; definitions; capacity; presumption of capacity; overcoming presumption; notice; judicial review; power of attorney; advance mental health care directive; conflicting health care directives; default surrogate; disqualification; revocation; validity; conflict of law; duties; powers; coagents; responsibilities; immunity; conduct; damages; judicial relief; effective date.

VA HB2535

Uniform Health Care Decisions Act; created, repeals most provisions of Health Care Decisions Act.

NM SB233

Resuscitation Of Unemancipated Minors

MI HB5833

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MI HB4418

Probate: other; designation of a patient surrogate for health care decisions; allow. Amends 1998 PA 386 (MCL 700.1101 - 700.8206) by adding pt. 6 to art. V & repeals sec. 66h of 1939 PA 280 (MCL 400.66h). TIE BAR WITH: HB 4419'25

NV AB461

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OK HB3815

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DE SB309

An Act To Amend Title 12 And Title 16 Of The Delaware Code Relating To Health-care Decisions.