Legislature(2003 - 2004)
03/31/2003 03:05 PM House JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 25 - HEALTH CARE SERVICES DIRECTIVES Number 0087 CHAIR McGUIRE announced that the first order of business would be HOUSE BILL NO. 25, "An Act relating to health care decisions, including do not resuscitate orders and the donation of body parts, and to powers of attorney relating to health care, including the donation of body parts; and providing for an effective date." [Before the committee was CSHB 25(HES), which had been amended on 3/28/03.] Number 0150 REPRESENTATIVE BRUCE WEYHRAUCH, Alaska State Legislature, sponsor, said that in response to some of the comments at the last hearing, he has some amendments for the committee's consideration. The committee took a brief at-ease. LINDA SYLVESTER, Staff to Representative Bruce Weyhrauch, Alaska State Legislature, turned to [Amendment 5], which read [original punctuation provided]: Page 2, line 13, after "execute a" Insert "durable" Page 16, line 22, after "form is a" Insert "durable" Page 26, line 21, Insert "durable" before "power of attorney" MS. SYLVESTER explained that Amendment 5 makes it very clear that the reference is to durable power of attorney. Once an individual lacks capacity, the power of attorney [goes into effect]. Number 0368 REPRESENTATIVE SAMUELS moved to adopt Amendment 5. There being no objection, Amendment 5 was adopted. MS. SYLVESTER turned to Amendment 6, which read [original punctuation provided]: Page 17, line 11, after "disapprove Insert "proposed" Page 28, line 13, after "disapproval of" Insert "proposed" MS. SYLVESTER explained that Amendment 6 arose from the discussion revolving around subsection (c) on page 17, line 11, regarding do-not-resuscitate [DNR] orders and the limitations of an agent to approve or disapprove diagnostic tests, surgical procedures, programs of medication, and DNR orders. She offered that everyone in the [health care] profession agreed that the language [in subsection (c) on page 17] refer to things that would occur in the future, and that this language doesn't address an individual wearing a DNR band. Number 0527 REPRESENTATIVE SAMUELS moved to adopt Amendment 6 [text provided previously]. There being no objection, Amendment 6 was adopted. MS. SYLVESTER addressed Amendment 7, which read [original punctuation provided]: Page 25, line 26, after "facility" Strike lines 26b, 27, 28, 29 MS. SYLVESTER informed the committee that Amendment 7 corrects an inconsistency with the implementation of the durable power of attorney, which was pointed out by a public health nurse from Fairbanks. At least one of the witnesses cannot be related by blood to the principal, but the witness statements for both witnesses specifies that the witness is not related by blood. Therefore, Amendment 7 eliminates the language requiring that the witness not be related by blood to the principal in the witness statement for the second witness. Number 0611 REPRESENTATIVE HOLM moved to adopt Amendment 7. There being no objection, Amendment 7 was adopted. CHAIR McGUIRE closed public testimony on HB 25. Number 0678 REPRESENTATIVE SAMUELS moved to report CSHB 25(HES), as amended, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 25(JUD) was reported from the House Judiciary Standing Committee.
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