Bill Text

Bill Information

PDF |Add To My Favorites |Track Bill | print page

AB-937 Health care decisions: order of priority.(2017-2018)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 04/25/2017 09:00 PM
AB937:v96#DOCUMENT

Amended  IN  Assembly  April 25, 2017
Amended  IN  Assembly  April 05, 2017
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 Sections 4685 and 4781.4 of the Probate Code, relating to health care decisions.


LEGISLATIVE COUNSEL'S DIGEST


AB 937, as amended, Eggman. Health care decisions: order of priority.
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 provides, if the orders in an individual’s request regarding resuscitative measures directly conflict with his or her individual health care instruction, as defined, that to the extent of the conflict, the most recent order or instruction is effective.
This bill would provide that to the extent of that conflict, the most recent of either the instruction by the individual, or the orders in a order of the individual is effective. The bill would deem a request regarding resuscitative measures executed by the individual or other specified persons, is effective. specified persons as being an order of the individual. The bill would also make technical conforming changes.

Existing law provides that unless a power of attorney for health care provides otherwise, the agent designated in the power of attorney who is known to the health care provider to be reasonably available and willing to make health care decisions has priority over any other person in making health care decisions for the principal. Existing law also authorizes a patient to designate an adult as a surrogate to make health care decisions for the patient for up to 60 days, as specified, and provides that a designated surrogate has priority over an agent designated in a power of attorney for health care for that period.

This bill would harmonize these provisions by clarifying that, except when a surrogate has been designated as described above, the agent designated in the power of attorney for health care has priority over any other person in making health care decisions for the principal, unless the power of attorney provides otherwise.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 4685 of the Probate Code is amended to read:

4685.
 Except as provided in subdivision (d) of Section 4711, unless the power of attorney for health care provides otherwise, the agent designated in the power of attorney who is known to the health care provider to be reasonably available and willing to make health care decisions has priority over any other person in making health care decisions for the principal.

SEC. 2.

 Section 4781.4 of the Probate Code is amended to read:

4781.4.
 (a) If the orders in an individual’s request regarding resuscitative measures directly conflict with his or her known individual health care instruction, as defined in Section 4623, then, to the extent of the conflict, the most recent of either the order of the individual or instruction by the individual under Section 4623 or the individual’s request regarding resuscitative measures executed by any of the following is effective: is effective.
(b) For purposes of this section, a request regarding resuscitative measures executed by any of the following shall be deemed an order of the individual:
(1) The individual.
(2) The surrogate designated pursuant to Section 4711.
(3) The agent designated pursuant to Section 4671.
(4) The conservator of the individual. individual pursuant to Section 2354 or 2355.

(b)

(c) This section does not create a new duty or expand any existing duty to locate an individual’s health care instruction.