Legislature(2003 - 2004)

03/24/2004 01:44 PM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
             HB  25-HEALTH CARE SERVICES DIRECTIVES                                                                         
                                                                                                                                
The committee took up CSHB 25(JUD).                                                                                             
                                                                                                                                
SENATOR LYDA GREEN moved to  adopt the committee substitute (CS),                                                               
version  V  [labeled  23-LS0137\V,  Bannister,  3/24/04]  as  the                                                               
working  document   before  the  committee.     [There  being  no                                                               
objection, it was treated as adopted.]                                                                                          
                                                                                                                                
CHAIR DYSON said  that after Ms. Sylvester's  testimony, he would                                                               
run through a list of issues  still being addressed that would be                                                               
included in the next version of HB 25.                                                                                          
                                                                                                                                
MS.   LINDA  SYLVESTER,   staff   to  Representative   Weyhrauch,                                                               
explained  that  version V  was  the  result  of a  3/8/04  staff                                                               
meeting that  included the lieutenant governor's  chief of staff,                                                               
and Chip Wagoner from the  Alaska Catholic Conference (ACC).  The                                                               
document  they settled  on had  approximately 66  amendments; she                                                               
said  she would  summarize  the  important ones.    She began  by                                                               
stating  that "emancipated  minors" had  been eliminated  from HB
25. Changes  were made to  the role  of a surrogate  (noting that                                                               
surrogates are  a new part of  HB 25) and the  role of physicians                                                               
was  amplified in  the decision-making  process, when  surrogates                                                               
are evenly split.                                                                                                               
                                                                                                                                
CHAIR  DYSON  offered  that  this   serves  to  bring  the  "best                                                               
interest" of the patient into the conversation.                                                                                 
                                                                                                                                
MS.   SYLVESTER   continued   that  regarding   surrogates,   the                                                               
prominence of best  interest was increased.  The  intention is to                                                               
include a  definition of best  interest in the form,  although it                                                               
has not  [yet] been  included.   She said  the new  language that                                                               
amplifies the physician's role in detecting...                                                                                  
                                                                                                                                
TAPE 04-15, SIDE A                                                                                                            
                                                                                                                              
MS. SYLVESTER continued, "... that's  come forward or that's been                                                               
nominated,   isn't  necessarily   an   appropriate   one.     The                                                               
protections are in place.   The physician has standing already to                                                               
recommend  this to  go to  guardianship procedures,  but we  just                                                               
want to put that in there, so  we want to direct the physician to                                                               
take a more proactive role in that situation."                                                                                  
                                                                                                                                
MS. SYLVESTER  told members that  most importantly there  are new                                                               
guidelines  for  surrogate   decision-making  when  the  decision                                                               
involves withdrawal of  life support.  "We've  used language from                                                               
the Illinois statute.   These are strict  guidelines; our concern                                                               
was we wanted to make sure if there  was a 35-year old who was in                                                               
a  motorcycle accident  and  he  was going  to  recover from  his                                                               
injuries  but the  spouse took  the opportunity  to push  forward                                                               
wishes of  not being  resuscitated, we wanted  to make  sure that                                                               
this wouldn't happen."                                                                                                          
                                                                                                                                
CHAIR  DYSON  interjected,  "a  big   estate,  and  she's  got  a                                                               
boyfriend."                                                                                                                     
                                                                                                                                
MS. SYLVESTER continued that  regarding anatomical gifts, updates                                                               
were  made  so that  the  role  of  the  hospital was  taken  out                                                               
somewhat, because  Life Alaska has  stepped into that role.   Ms.                                                               
Sylvester  referenced Section  4 of  the 1987  Uniform Anatomical                                                               
Gift Act,  and noted that  changes had  been made to  verify that                                                               
Alaska is not an  opt-out state.  If ever that  were to change, a                                                               
bill would  need to come through  the Legislature; it would  be a                                                               
policy decision of its own.                                                                                                     
                                                                                                                                
MS.  SYLVESTER said  portability was  of concern;  it's important                                                               
that all advance  directives outside of Alaska  are recognized to                                                               
the  extent that  Alaska  law  is not  violated.   The  committee                                                               
reviewed  those Sections  and regarding  the "do  not resuscitate                                                               
(DNR)" order,  one more  clarification needs to  be made  so that                                                               
it's perfectly clear that EMTs in  the field who are sure there's                                                               
a DNR in  place can act in  good faith.  She gave  the analogy of                                                               
somebody obtaining a driver's license  in Montana where the speed                                                               
limit is 75  mph; although that license is valid  in Alaska, that                                                               
person can't drive at 75 mph.                                                                                                   
                                                                                                                                
MS. SYLVESTER said that some  changes were made to the [optional]                                                               
form  itself.   A  helpful  reminder  was added  indicating  that                                                               
euthanasia and  mercy killing is not  legal in Alaska.   A change                                                               
was made to the  pain relief option so that space  in the form is                                                               
given for  the principal to  state his/her wishes  regarding pain                                                               
relief.  Also, the intent is  to add some critical definitions to                                                               
the form,  but the  drafter missed  those.   Witness requirements                                                               
were modified somewhat; "witnesses need  to be in place and there                                                               
are criteria  for who the witnesses  can be because that  will be                                                               
the protection that foul play isn't a part of this."                                                                            
                                                                                                                                
MS.  SYLVESTER  said  that interestingly  enough,  HIPAA  [Health                                                               
Insurance  Portability and  Accountability] concerns  were raised                                                               
and  have been  addressed in  two places:   in  the institution's                                                               
immunity  for  providing  medical  records,  to  make  sure  that                                                               
surrogates  and  agents  have  access  to  those  records;  also,                                                               
hospitals sometimes  cannot give  medical records  to individuals                                                               
because of not knowing if the  principal has lost capacity - it's                                                               
a loop  because the person needs  to see the records  - so that's                                                               
been fixed, she said.                                                                                                           
                                                                                                                                
MS.  SYLVESTER  said the  committee  was  mindful of  the  policy                                                               
considerations; there  were six, and  the bulk of them  have been                                                               
addressed.    Language  has  been   added  so  that  there  is  a                                                               
presumption in favor  of life in the absence  of someone's stated                                                               
intent  that they  presume to  be kept  alive.   The role  of the                                                               
surrogate  and  the  agent  has  been  clarified  regarding  life                                                               
support.    Reciprocity has  been  addressed,  although it  still                                                               
needs  some  work.    The  question,  "At  what  point  does  the                                                               
definition of a 'qualified patient'  kick in?" has been addressed                                                               
by stipulating the  conditions necessary for a  surrogate to make                                                               
decisions relative to life support.   "Anatomical gifts" has been                                                               
clarified and  corrected.  She  noted that she couldn't  read her                                                               
notes on the last one, number six.                                                                                              
                                                                                                                                
CHAIR DYSON  said excellent work has  been done on the  bill, and                                                               
he understands that  there is still work being done  on the issue                                                               
of nutrition and hydration to  more clearly differentiate between                                                               
persons  who  are unarguably  terminal  and  those who  are  just                                                               
injured, maybe incapacitated or comatose.   There may be a little                                                               
more  work to  do regarding  surrogates,  as there  is still  the                                                               
question  of limiting  the authority  of the  decision-makers and                                                               
strengthening the best  interest of the patient.   Also, there is                                                               
the  issue of  reciprocity.   There  are  ongoing discussions  on                                                               
those three items, he said.                                                                                                     
                                                                                                                                
DR.  MARIA WALLINGTON,  a medical  ethicist at  Providence Alaska                                                               
Medical Center,  said she could  be available at the  bill's next                                                               
hearing, that she was available to answer questions.                                                                            
                                                                                                                                
CHAIR DYSON asked if she had a copy of the latest version.                                                                      
                                                                                                                                
DR. WALLINGTON said  she has not seen it, but  she conversed with                                                               
Ms. Sylvester about it.                                                                                                         
                                                                                                                                
CHAIR   DYSON  suggested   that   she  contact   his  office   or                                                               
Representative Weyhrauch to get a  copy.  He announced there were                                                               
copies available for  those wanting to see the  latest version of                                                               
the bill.                                                                                                                       
                                                                                                                                
SENATOR  GUESS  noted concern  about  the  intended timeline  and                                                               
asked  if  there  would  be  sufficient  time  to  ask  questions                                                               
pertaining to the different versions.                                                                                           
                                                                                                                                
CHAIR DYSON assured  her that there would be  time for questions,                                                               
saying,  "We're  not  going  to railroad  this  thing,  it's  too                                                               
valuable and too sweeping." HB 25 was held in committee.                                                                        
                                                                                                                                
There being  no further  business to  come before  the committee,                                                               
Chair Dyson adjourned the meeting at 3:28 p.m.                                                                                  

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