00                       CS FOR HOUSE BILL NO. 197(HES)                                                                    
01 "An Act allowing the use of certain directives relating to the health care and death of a                               
02 person."                                                                                                                
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 18.12.100 is amended to read:                                                                     
05            Sec. 18.12.100.  Definitions.  In AS 18.12.010 - 18.12.100 [THIS CHAPTER],                             
06                 (1)  "anatomical gift" means an anatomical gift under AS 13.50;                                         
07                 (2)  "attending physician" means the physician selected by, or assigned                                 
08       to, the patient who has primary responsibility for the treatment and care of the patient;                         
09                 (3)  "cardiopulmonary resuscitation" means cardiopulmonary                                              
10       resuscitation or a component of cardiopulmonary resuscitation;                                                    
11                 (4)  "declaration" means a document executed in accordance with the                                     
12       requirements of AS 18.12.010;                                                                                     
13                 (5)  "DNR identification" means identification substantially similar to                                 
14       that approved under AS 18.12.037;                                                                                 
01                 (6)  "do not resuscitate order" means a directive from a licensed                                       
02       physician that emergency cardiopulmonary resuscitation should not be administered to                              
03       a particular person;                                                                                              
04                 (7)  "do not resuscitate protocol" means the protocol developed under                                   
05       AS 18.12.035(b);                                                                                                  
06                 (8)  "health care provider" means a person who is licensed, certified, or                               
07       otherwise authorized by the law of this state to administer health care in the ordinary                           
08       course of business or practice of a profession;                                                                   
09                 (9)  "life-sustaining procedure" means a medical procedure or                                           
10       intervention that, when administered to a qualified patient, will serve only to prolong                           
11       the dying process;                                                                                                
12                 (10)  "physician" means a person licensed to practice medicine in this                                  
13       state or an officer in the regular medical service of the armed services of the United                            
14       States or the United States Public Health Service while in the discharge of their                                 
15       official duties, or while volunteering services without pay or other remuneration to a                            
16       hospital, clinic, medical office, or other medical facility in the state;                                         
17                 (11)  "qualified patient" means a patient who has executed a declaration                                
18       in accordance with AS 18.12.010 - 18.12.100 [THIS CHAPTER] and who has been                                   
19       determined by the attending physician to be in a terminal condition;                                              
20                 (12)  "terminal condition" means a progressive incurable or irreversible                                
21       condition that, without the administration of life-sustaining procedures, will, in the                            
22       opinion of two physicians, when available, who have personally examined the patient,                              
23       one of whom must be the attending physician, result in death within a relatively short                            
24       time.                                                                                                             
25    * Sec. 2.  AS 18.12 is amended by adding new sections to read:                                                     
26                 Article 2.  Health Care and Related Directives.                                                       
27            Sec. 18.12.110.  Health care and related directives.  Notwithstanding any                                
28       other provision of law and in addition to any other method allowed by law for giving                              
29       directives for a person's health care, death, and related issues, a person may use a form                         
30       that is substantially similar to the Five Wishes form for making directives related to                            
31       the person's health care and death, including designating another person to act as an                             
01       attorney-in-fact or other agent for the person when making health care decisions,                                 
02       directing what kind of health treatment the person desires, establishing funeral wishes,                          
03       and expressing the person's wishes regarding donation of the person's body, or body                               
04       parts.  In this section, "Five Wishes form" means the document entitled "Five Wishes,"                            
05       copyrighted by Aging with Dignity, November 2000.                                                                 
06            Sec. 18.12.120  Euthanasia not authorized.  The form that is authorized by                                 
07       AS 18.12.110 may not be used to authorize or approve euthanasia or mercy killing.                                 
08    * Sec. 3.  The uncodified law of the State of Alaska is amended by adding a new section to                         
09 read:                                                                                                                   
10       REVISOR'S INSTRUCTIONS.  The revisor of statutes shall substitute "AS 18.12.010                                   
11 - 18.12.100" for "this chapter" in                                                                                      
12            (1)  AS 18.12.010(d);                                                                                        
13            (2)  AS 18.12.035(d);                                                                                        
14            (3)  AS 18.12.037;                                                                                           
15            (4)  AS 18.12.040(b);                                                                                        
16            (5)  AS 18.12.050(b);                                                                                        
17            (6)  AS 18.12.060;                                                                                           
18            (7)  AS 18.12.080(a), (d), (e), and (f); and                                                                 
19            (8)  AS 18.12.090.