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AB-937 Requests regarding resuscitative measures: resolution of conflicting orders.(2017-2018)

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Date Published: 03/13/2017 09:00 PM
AB937:v98#DOCUMENT

Amended  IN  Assembly  March 13, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 937


Introduced by Assembly Member Eggman

February 16, 2017


An act to amend Section 4781.4 of the Probate Code, relating to health care decisions.


LEGISLATIVE COUNSEL'S DIGEST


AB 937, as amended, Eggman. Requests regarding resuscitative measures: resolution of conflicting orders.
The Health Care Decisions Law, among other things, provides for an individual’s use of a request regarding resuscitative measures, which is a written document, signed by an individual with capacity or a legally recognized health care decisionmaker for the individual, and the individual’s physician, that directs a health care provider regarding resuscitative measures for the individual. The law excludes a health care provider who honors a request regarding resuscitative measures from criminal prosecution, civil liability, discipline for unprofessional conduct, administrative sanction, or any other sanction, as a result of his or her reliance on the request, if specific conditions are met. The law requires, if the orders in an individual’s request regarding resuscitative measures directly conflict with his or her individual health care instruction, as defined, to the extent of the conflict, the most recent order or instruction to be effective.
This bill would modify the priority of documents to resolve a conflict to instead provide that the most recent order of the individual or instruction signed by the individual, as specified, would be effective.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 4781.4 of the Probate Code is amended to read:

4781.4.
 If the orders in an individual’s request regarding resuscitative measures directly conflict with his or her individual health care instruction, as defined in Section 4623, then, to the extent of the conflict, the most recent order of the individual or instruction signed by the individual under Section 4623 is effective.