CSHB 197(HES): "An Act allowing the use of certain directives relating to the health care and death of a person."

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.