West Virginia 2022 Regular Session

West Virginia Senate Bill SB470

Introduced
1/24/22  
Refer
1/24/22  
Refer
1/28/22  
Report Pass
2/18/22  
Engrossed
2/23/22  
Refer
2/24/22  
Refer
2/24/22  
Enrolled
3/9/22  
Passed
3/23/22  

Caption

Relating generally to health care decisions

Impact

One significant impact of SB470 is the enhanced recognition of advance directives and the formalization of how they are documented and executed. This encourages clearer communication between patients, families, and healthcare providers regarding end-of-life decisions. By allowing advanced practice registered nurses and physician assistants to execute POST forms, the bill expands the scope of individuals who can execute these important medical documents, potentially leading to quicker and more efficient health care delivery. However, the bill also stipulates that any existing forms prior to this legislation will remain valid, helping to ensure continuity and respect for previously expressed patient wishes.

Summary

Senate Bill 470, known as the West Virginia Health Care Decisions Act, seeks to reform and clarify various aspects of health care decision-making. The bill introduces standardized forms for living wills and medical power of attorney, along with a new classification called portable orders for scope of treatment (POST) that allows advanced practice registered nurses and physician assistants to complete and execute these forms. This legislation aims to ensure that health care providers can easily access and implement a patient's wishes regarding treatment in cases where they may be incapacitated or unable to communicate their preferences. It also provides guidelines regarding the role and authority of medical power of attorney representatives and designated surrogates in making decisions about care and treatment.

Sentiment

The sentiment around SB470 appears largely supportive, particularly among healthcare professionals who advocate for increased autonomy in health care decision-making. Many believe that the streamlining of forms and the empowerment of nurses and assistants can lead to improved patient care outcomes. Nonetheless, there may be concerns from some patient advocacy groups regarding the potential for misuse or misunderstanding of living wills and the authority granted to surrogates, highlighting the need for proper education and awareness among both patients and providers about these changes.

Contention

Points of contention primarily revolve around the interpretation and implementation of advance directives. Some lawmakers and constituents are wary that permitting a wider group of healthcare providers to interpret and execute patient wishes could lead to inconsistencies in care across different facilities. Additionally, there are concerns about the potential for families or surrogates to press for decisions that may not fully align with the patient’s previously expressed wishes, particularly in sensitive matters of end-of-life care.

Companion Bills

No companion bills found.

Previously Filed As

WV SB719

Relating to age at which minor can consent to certain medical decisions and services

WV HB2535

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

WV HB825

Generally revise laws related to health care proxy decisionmakers

WV SB0134

Health Care Decisions Act Amendments

WV SB309

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

WV SB1055

Establishes the Designated Health Care Decision-Maker Act, which authorizes certain persons to make health care decisions for certain incapacitated persons

WV HB3080

Relating to health care decision making for incapacitated individuals.

WV SB356

Establishes the Designated Health Care Decision-Maker Act, which authorizes certain persons to make health care decisions for certain incapacitated persons

WV AB2338

Health care decisions: decisionmakers and surrogates.

WV SB303

Relating to advance directives and health care and treatment decisions.

Similar Bills

WV HB4035

Remove the persistent vegetative state from the living will

WV SB719

Relating to age at which minor can consent to certain medical decisions and services

TX HB2949

Relating to advance directives, including do-not-resuscitate orders; creating a criminal offense.

TX SB1546

Relating to advance directives, including do-not-resuscitate orders; creating a criminal offense.

OK SB1596

Health care power of attorney; creating the Oklahoma Health Care Agent Act; establishing requirements for power of attorney for health care. Emergency.

OK HB3815

Health care power of attorney; creating the Health Care Agent Act; emergency.

FL H0219

Patient-directed Doctor's Orders

FL H0353

Patient-directed Medical Orders