Legislature(2003 - 2004)

04/14/2004 01:41 PM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
             HB  25-HEALTHCARE SERVICES DIRECTIVES                                                                          
                                                                                                                              
The committee took up CSHB 25(JUD).                                                                                             
                                                                                                                                
SENATOR GREEN  moved version  B [labeled  23-LS0137\B, Bannister,                                                               
4/6/04] as the working document.                                                                                                
                                                                                                                                
CHAIR  DYSON  asked if  there  was  any  objection.   Seeing  and                                                               
hearing none, it was so ordered.                                                                                                
                                                                                                                                
REPRESENTATIVE  BRUCE  WEYHRAUCH said  he  wanted  the record  to                                                               
reflect that he  has worked with every possible  interest on this                                                               
bill, in good faith, and it  is a very passionate, emotional, and                                                               
very  important bill.   The  Legislature  must deal  in a  public                                                               
policy arena  with a broad spectrum  of interests.  He  they have                                                               
worked to  ensure that  one religion or  another could  not claim                                                               
the bill.   There is a higher  duty to cross those  gulfs if they                                                               
exist.                                                                                                                          
                                                                                                                                
CHAIR  DYSON  said  Representative Weyhrauch  preferred  to  take                                                               
public  testimony before  addressing  the  amendments, which  was                                                               
fine with  him.  He  informed members that  he did not  intend to                                                               
pass the bill out of committee today.                                                                                           
                                                                                                                                
MS. MARIE HELM of Christian  Science Churches of Alaska testified                                                               
via  teleconference to  reiterate the  concerns she  expressed at                                                               
the April  7 meeting.  She  referred to version B,  page 10, line                                                               
12 that  speaks to transferring the  patient.  She asked  that it                                                               
clarify  where  the patient  is  being  transferred because  it's                                                               
important that home be an accepted transfer point.                                                                              
                                                                                                                                
SENATOR  GUESS  noted  that there  is  a  significant  difference                                                               
between Versions  B and V and  then suggested to Chair  Dyson and                                                               
Representative  Weyhrauch that  this  issue might  be covered  in                                                               
Section G.  Representative Weyhrauch acknowledged her point.                                                                    
                                                                                                                                
MS.  CAROLE EDWARDS,  Alaska Nurses  Association (ANA),  said she                                                               
testified  on  this bill  many  times  before, mostly  about  the                                                               
issues  of pain  and artificial  fluid and  nutrition.   She said                                                               
today she wanted to testify on  the issue of pregnancy.  She said                                                               
she  checked with  a woman  in her  early 30s  who is  8.5 months                                                               
pregnant with  her first  child, and  who has  advance directives                                                               
filled out.   Upon being  asked how  she would feel  about having                                                               
her unborn  child kept  alive if  something terrible  happened to                                                               
her, she  said absolutely she  would want this child  kept alive.                                                               
Ms. Edwards then  asked her "if there were a  statute that didn't                                                               
provide  for this,  would you  be  hesitant to  fill out  advance                                                               
directives?"  She said yes she  would.  In fact she would rescind                                                               
them if  she thought  that anything  would happen  to her  in the                                                               
next few weeks.  Ms. Edwards  pointed out that not including life                                                               
support for pregnant  women might deter young  women from filling                                                               
out their advance directives.                                                                                                   
                                                                                                                                
SENATOR GUESS said she didn't understand.                                                                                       
                                                                                                                                
CHAIR DYSON  explained that  a person might  fill out  an advance                                                               
directive  indicating  that "If  I  am  irreversibly damaged  and                                                               
going to  die and  I'm comatose, withdraw  the life  support." If                                                               
this person subsequently becomes  pregnant and didn't think about                                                               
rescinding that portion of the  directive, she could get into the                                                               
situation whereby her  desire that the child live  past her might                                                               
not be fulfilled.                                                                                                               
                                                                                                                                
SENATOR GUESS expressed concern that  someone could have a health                                                               
directive that deals with pregnancy,  and that directive could be                                                               
over-turned by this  statute.  For example, if  she directed that                                                               
her  husband  make  decisions, he  should  make  those  difficult                                                               
decisions;  "we shouldn't  be over-turning  a stated  health care                                                               
directive."                                                                                                                     
                                                                                                                                
MS. EDWARDS asked  if the statement "if I  should become pregnant                                                               
I  would want  to be  kept  alive for  my  child to  be born"  or                                                               
something to that effect should be included.                                                                                    
                                                                                                                                
SENATOR GUESS  said that if  pregnancy is included in  this bill,                                                               
it should  be part of the  health care directive or  people won't                                                               
know to  address it.  She  also strongly suggested that  if it is                                                               
in the  health care  directive, "then  we go  by the  health care                                                               
directive.   If  there's not  a  health care  directive, then  we                                                               
revert back to the statute.   If there's a health care directive,                                                               
I'm not  sure why -  and this is  the only situation  where we're                                                               
trumping it - if the directive actually deals with pregnancy."                                                                  
                                                                                                                                
CHAIR  DYSON said,  "And we  will  get to  that later  on in  the                                                               
discussion.   And it  will be  my perspective  that if  there's a                                                               
child there that we ought to  do everything we can to preserve it                                                               
and  the  state's  interest  in protecting  that  life  trumps  a                                                               
directive.  That's  something we will disagree on,  and we'll see                                                               
how the committee feels."                                                                                                       
                                                                                                                                
MR. JIM  CARROLL, representing Juneau retired  teachers, referred                                                               
to  his own  family situation  and expressed  support for  HB 25,                                                               
both personally and from having talked with other teachers.                                                                     
                                                                                                                                
MS. MARIE  DARLIN, representing  the Capital  City Task  Force of                                                               
AARP Alaska, urged  passage of this bill.  She  said it should be                                                               
possible to get the bill  through the Legislature this year since                                                               
there's been four years of work put into it.                                                                                    
                                                                                                                                
MS. EMILY NENON, Alaska advocacy  manager for the American Cancer                                                               
Society  (ACS), emphasized  that the  legislation is  critical to                                                               
ensure  that  people's  rights  to be  treated  as  intended  are                                                               
followed.   In looking at  the purpose  and intent of  version B,                                                               
what caught ACS's  attention in particular was  the language, "It                                                               
is the intent of this Act to  establish the right of a patient to                                                               
control the patient's  own health care decisions."  She said that                                                               
ACS  feels very  strongly about  that.   Regarding the  pregnancy                                                               
issue - and she acknowledged that  this would be addressed in the                                                               
amendments - it  was her hope and ACS's intention  that people be                                                               
able to  make those  decisions.   If there  is an  advance health                                                               
care directive, that "you be able  to make what decisions you can                                                               
in  advance, but  there are  always going  to be  situations that                                                               
we're  not  going to  be  able  to  perceive,  and we  feel  very                                                               
strongly that whoever  is acting on behalf of a  patient, if they                                                               
are not able  to act on their  own behalf, be able  to make those                                                               
decisions as necessary, when things come up."                                                                                   
                                                                                                                                
MS. NENON  referred to  the second  stated intent  of the  Act on                                                               
page 2, to  "create, in the absence of evidence  to the contrary,                                                               
a presumption that  the patient intends to be  kept alive," which                                                               
will cover  people without advance  health care directives.   For                                                               
people  with advance  health care  directives, the  desire is  to                                                               
ensure  that  they  can  decide  what they  want  and,  in  their                                                               
absence,  that their  loved ones  and health  care providers  can                                                               
make  those  decisions.    She cautioned  the  committee  to  not                                                               
legislate a  line too fine to  deal with situations as  they come                                                               
up.  She mentioned her personal  feelings due to her father whose                                                               
living will was ignored three times  over a number of years as he                                                               
was dying from Parkinson's disease.  Information was not properly                                                               
transferred, and once a doctor  did not acknowledge it.  Statutes                                                               
were not  in place to  clarify what it  means to have  an advance                                                               
directive and living will.                                                                                                      
                                                                                                                                
SENATOR GREEN  referred to  her statement,  "to keep  it flexible                                                               
enough" and asked  if she had a particular word,  line, or phrase                                                               
in mind.                                                                                                                        
                                                                                                                                
MS.  NENON  said  she  did  not have  an  easy  answer,  and  was                                                               
interested  in  what was  going  on  with  the amendments.    She                                                               
commended   Senator   Guess's  suggestion   regarding   including                                                               
pregnancy as  part of the advance  directive form.  She  said she                                                               
wanted to  make sure that  if somebody has an  advance directive,                                                               
or if they  haven't addressed that specifically,  that whoever is                                                               
acting on  their behalf  is able  to make  those decisions.   She                                                               
said she  wasn't a medical  professional and the ACS  doesn't get                                                               
involved  with  the differences  between  being  1 week  pregnant                                                               
versus  being 8  months  pregnant, as  those  are very  different                                                               
situations and the medical care  involved is very different.  She                                                               
reiterated that  she wanted  to make it  clear that  patients can                                                               
make decisions about  their health care and, if  they can't, then                                                               
their medical professionals and family  can.  She said the answer                                                               
to the question was no.                                                                                                         
                                                                                                                                
SENATOR GREEN asked  if the phrase "flexible  enough" referred to                                                               
the first paragraph at the top of page 2 or to the entire bill.                                                                 
                                                                                                                                
MS. NENON said, "I  was saying that at the top  of page two, that                                                               
seemed pretty  clear to  me, that  if you  don't have  an advance                                                               
directive...                                                                                                                    
                                                                                                                                
TAPE 04-21, SIDE B                                                                                                            
                                                                                                                              
MS.  NENON continued,  "you've got  this presumption  and if  you                                                               
don't have somebody  acting on your behalf,  that's the fall-back                                                               
position.   But  if we  do have  people acting  on the  patient's                                                               
behalf, they need to be able to make those decisions."                                                                          
                                                                                                                                
SENATOR  GREEN  repeated that  she  wanted  to clarify  that  Ms.                                                               
Nenon's  comment   about  flexibility  referred  to   the  entire                                                               
process.                                                                                                                        
                                                                                                                                
MS. NENON referred to the section  on pregnancy on page 8, and to                                                               
the importance  of making  sure that  there's an  opportunity for                                                               
the people acting on  behalf of a woman who's not  able to act on                                                               
her own behalf to make decisions as deemed necessary.                                                                           
                                                                                                                                
CHAIR DYSON  said he inferred  from Ms. Nenon's comments  that in                                                               
the  example of  a  husband of  a comatose  and  dying wife,  the                                                               
desire would be for  him to be able to make  the decision to pull                                                               
the plug on her life support even  if that meant the death of the                                                               
child  that she  wanted,  the  child that  she  hadn't chosen  to                                                               
abort.                                                                                                                          
                                                                                                                                
MS.  NENON said  she understood  what  he was  saying but  "we're                                                               
getting into  dicey waters no matter  which way you go  on this."                                                               
ACS's baseline position  is stated in (1), under  the Purpose and                                                               
Intent,  to "establish  the right  of  a patient  to control  the                                                               
patient's own health care decisions."                                                                                           
                                                                                                                                
CHAIR DYSON  said, "And by inference  to allow their agent  to do                                                               
that  if  they're incapacitated."    He  said  as he  reads  this                                                               
legislation as  it now stands, if  there is an unborn  child, the                                                               
presumption is to  preserve the life of that child  and give it a                                                               
chance to live.                                                                                                                 
                                                                                                                                
MS. NENON said ACS does not have a position on abortion.                                                                        
                                                                                                                                
CHAIR DYSON said,  "Abortion does not come into this.   This is a                                                               
wanted child.  Do  you want a third party to be  able to make the                                                               
decision to not give that child  a chance to develop to the point                                                               
that it can live outside the womb?"                                                                                             
                                                                                                                                
MS. NENON said the statute was  broad, and more clarity is needed                                                               
to  address  situations  involving  different  requirements  when                                                               
delivering a baby  of a woman who is 39  weeks [pregnant] who was                                                               
in  a car  accident  versus  a person  who  is  2 weeks  pregnant                                                               
regarding what  might be required  to sustain her life  over that                                                               
period of  time.  She  said that's  the distinction she  makes in                                                               
her mind,  and the ACS goes  back to "the patient  should be able                                                               
to control the patient's own health care decisions."                                                                            
                                                                                                                                
CHAIR DYSON  mentioned sustaining that woman's  physical life for                                                               
another 25 weeks to give that child a chance to survive....                                                                     
                                                                                                                                
MS.  NENON said  she believes  that  decision should  be made  in                                                               
conjunction  with   family  members  and   medical  professionals                                                               
because of not knowing exactly what the situation will be.                                                                      
                                                                                                                                
CHAIR DYSON asked if this was ACS's position.                                                                                   
                                                                                                                                
MS. NENON answered  that ACS's position is the  patient should be                                                               
able to control his/her own health care decisions.                                                                              
                                                                                                                                
MR.  SAM  TRIVETTE,  President of  Retired  Public  Employees  of                                                               
Alaska, testified that  the bill is much needed,  and referred to                                                               
his  own parents  dealing  with end-of-life  issues  in the  mid-                                                               
1990s.  There was not an  "advance directives bill" at that time.                                                               
Fortunately several  very caring  doctors were  able to  meet his                                                               
parents'  wishes without  advance directives.   Had  those caring                                                               
physicians not been  involved, things would have been  a lot more                                                               
difficult.  He stated that having  the bill is good public policy                                                               
so that people will understand  what's necessary in order to have                                                               
advance directives.   He  said he'd  like for this  to not  be an                                                               
issue for  his children when he  is older.  He  acknowledged that                                                               
Representative Weyhrauch and  his staff have worked  on this bill                                                               
and  compromises have  been made  over the  past few  years.   He                                                               
expressed support for the bill and for the amendments.                                                                          
                                                                                                                                
CHAIR DYSON acknowledged that  Representative Weyhrauch and Linda                                                               
Sylvester have done wonderful work.                                                                                             
                                                                                                                                
MR. RAY VIDIC stated he was in favor  of the bill and said he was                                                               
testifying on behalf  of the hundreds of people  living in Alaska                                                               
who  can't be  here  because they  need an  organ,  or for  other                                                               
health reasons.   He  shared a  story about a  friend who  is the                                                               
reason  he is  passionate about  the importance  of passing  this                                                               
bill.  In the  10 years that his friend has  been on dialysis, he                                                               
has undergone self-dialysis  1,500 times and it  has weakened his                                                               
entire body.   In the last  two months when he  was in Anchorage,                                                               
he was bleeding  rectally and needed a colonoscopy.   Because his                                                               
tissues were  so weak,  they poked through  his intestine  and he                                                               
had to have surgery.  Three weeks  later he was healed and on his                                                               
way home  when his  stitches broke from  his breastbone  to below                                                               
his belly button, and he was back  in the hospital again.  He had                                                               
an ileostomy  and was  back in  Juneau; it  was a  mixed blessing                                                               
because he didn't have to worry  about some of the chemicals that                                                               
he  ingested because  he didn't  have an  operable colon.   "This                                                               
gentleman is a warrior and he puts  on his armor every day.  Your                                                               
legislation  has the  power to  impact, not  only my  friend, but                                                               
there are literally - and his  direct circle of life, his family,                                                               
his mother,  father, brothers, cousins, uncles,  aunts, friends -                                                               
you have the opportunity through  your decisions, he will receive                                                               
a kidney, and  he will have a  new lease on life."   Imagine that                                                               
for one person who donates his/her  body, there are 50 people who                                                               
can  benefit from  that tissue  and those  organs, but  that life                                                               
touches many more; one donation impacts 1,000 people.  He                                                                       
encouraged passage of HB 25.                                                                                                    
                                                                                                                                
CHAIR DYSON confirmed that this bill goes a long way to empower                                                                 
and enable organ transplants.                                                                                                   
                                                                                                                                
CHAIR DYSON moved Amendment 1 for purposes of discussion.                                                                       
                                                                                                                                
SENATOR GUESS objected.                                                                                                         
                                                                                                                                
MS. LINDA SYLVESTER, Staff to Representative Weyhrauch,                                                                         
explained the following [conceptual] amendments [in revised                                                                     
format, with corrected page numbers]:                                                                                           
                                                                                                                                
                                                                                                                                
(Conceptual) Amendment No. 1                                                                                                  
                                                                                                                                
13.52.000      To the uncodified law                                                                                        
                                                                                                                              
Page 2, Lines 1 - 4                                                                                                             
     DELETE all.                                                                                                                
                                                                                                                                
Page 2, Line 1                                                                                                                  
     INSERT:                                                                                                                    
         (2) create, in the absence of evidence to the                                                                          
          contrary, a presumption in favor of life, consistent                                                                  
          with the best interest of the patient.                                                                                
          (3) this Act is not intended to condone, authorize, or                                                                
          approve mercy killing, assisted suicide, or                                                                           
          euthanasia.                                                                                                           
                                                                                                                                
                                                                                                                                
Amendment No. 2                                                                                                               
                                                                                                                                
13.52.010      Advance health care directives                                                                               
Page 4, line 14                                                                                                                 
                                                                                                                                
     Delete:  "if it complies with chapter."                                                                                    
     INSERT: "to the extent that it complies with Alaska law."                                                                  
                                                                                                                                
                                                                                                                                
Amendment No. 3                                                                                                               
                                                                                                                                
New Section Withholding or withdrawing of life-sustaining                                                                     
procedures.                                                                                                                 
Page 4, Lines 4-7                                                                                                               
     Delete all.                                                                                                                
                                                                                                                                
                                                                                                                                
Page 7, Lines 10-13                                                                                                             
     Delete all.                                                                                                                
                                                                                                                                
                                                                                                                                
Page 8, following Line 8                                                                                                        
                                                                                                                                
     INSERT: Withholding or withdrawing of life-sustaining                                                                      
     procedures.                                                                                                                
          (a) Notwithstanding any other provision of this                                                                       
     chapter, an agent or surrogate may determine that life-                                                                    
     sustaining procedures may be withheld or withdrawn from a                                                                  
     patient with a qualifying condition when there is:                                                                         
          (1)    a durable power of attorney or other writing                                                                   
                 that clearly expresses the patient's intent                                                                    
                 that the procedures be withheld or withdrawn;                                                                  
                 or                                                                                                             
          (2)    no durable power of attorney or other writing                                                                  
                 that  clearly expresses the patient's  intent to                                                               
                 the  contrary,  the  patient  has  a  qualifying                                                               
                 condition as  determined under AS 13.52.160, and                                                               
                 withholding or  withdrawing the procedures would                                                               
                 be consistent with the patient's best interest.                                                                
                                                                                                                                
                                                                                                                                
Amendment No. 4                                                                                                               
                                                                                                                                
13.52.045      Decisions for exceptional procedures                                                                         
Page 8, line 15                                                                                                                 
                                                                                                                                
     Delete:  "physical"                                                                                                        
                                                                                                                                
                                                                                                                                
Amendment No. 5                                                                                                               
                                                                                                                                
13.52.050      Pregnancy                                                                                                    
Page 8, line 24                                                                                                                 
                                                                                                                                
     Delete:  "health care"                                                                                                     
     INSERT: "life-sustaining procedures"                                                                                       
                                                                                                                                
Page 8, line 25                                                                                                                 
                                                                                                                                
     Delete:  "the health care"                                                                                                 
     INSERT: "life-sustaining procedures"                                                                                       
                                                                                                                                
Page 8, line 28                                                                                                                 
     Delete:  "the health care"                                                                                                 
     INSERT: "life-sustaining procedures"                                                                                       
                                                                                                                                
                                                                                                                                
Amendment No. 6                                                                                                               
                                                                                                                                
New section: Construction where mental illness.                                                                             
Insert a new section to read:                                                                                                   
     In the case of mental illness, nothing in this chapter may                                                                 
     be construed to override or undermine the validity of a                                                                    
     properly executed durable power of attorney.                                                                               
                                                                                                                                
Amendment No. 7a                                                                                                              
                                                                                                                                
13.52.300 Optional form                                                                                                     
                                                                                                                                
Page 30, Line 26                                                                                                                
                                                                                                                                
          Delete all.                                                                                                           
          INSERT: I direct that adequate treatment be provided                                                                  
               at all times for the sole purpose of the                                                                         
               alleviation of pain or discomfort;                                                                               
                                                                                                                                
                                                                                                                                
Amendment No. 7b                                                                                                              
                                                                                                                                
13.52.300 Optional form                                                                                                     
Page 30, following line 30,                                                                                                     
     INSERT: "Should I become unconscious and I am pregnant, I                                                                  
direct that                                                                                                                     
                                                                                                                              
                                                                                                                                
                                                                                                                                
Amendment No. 8                                                                                                               
                                                                                                                                
Definition section.                                                                                                           
We recommend a modified definition to "terminal condition" and                                                                  
we would then support the two circumstances for a qualified                                                                     
condition (permanent unconsciousness & terminal condition)                                                                      
rather than the three circumstances originally listed in version                                                                
B (permanent unconsciousness, terminal condition and incurable                                                              
or irreversible condition). Essentially, we have melded                                                                       
components of incurable or irreversible condition into terminal                                                                 
condition.                                                                                                                      
                                                                                                                                
     (35) "qualifying condition" means a terminal condition or                                                                  
     permanent unconsciousness in a patient.                                                                                    
                                                                                                                                
Terminal condition becomes its own definition rather than a                                                                     
     component of "qualifying condition"                                                                                        
                                                                                                                                
Terminal condition: a new definition is added to the Definition                                                               
section:                                                                                                                      
     (  )     Terminal condition means an incurable or                                                                          
     irreversible illness or injury that without administration                                                                 
    of life sustaining procedures will result in death in a                                                                     
     short period of time; for which there is no reasonable                                                                     
     prospect of cure or recovery; that imposes severe pain or                                                                  
    otherwise imposes an inhumane burden on the patient; and                                                                    
     for which initiating or continuing life-sustaining                                                                         
    procedures in light of the patient's medical condition,                                                                     
     provides only minimal medical benefit.                                                                                     
                                                                                                                                
Life-sustaining procedures is amended by adding a new phrase                                                                  
(underlined in body of the definition).                                                                                         
                                                                                                                                
     (27)     Life-sustaining procedures means any medical                                                                      
     treatment, procedure, or intervention that, in the judgment                                                                
     of the primary physician, when applied to a patient with a                                                                 
     qualifying condition, would not be effective to remove the                                                                 
     qualifying condition, would serve only to prolong the dying                                                                
     process, or, when administered to a patient with a                                                                       
     condition of permanent unconsciousness, may keep the                                                                     
     patient alive but is not expected to restore consciousness;                                                              
     in this paragraph, "medical treatment, procedure or                                                                        
     intervention" includes assisted ventilation, renal                                                                         
     dialysis, surgical procedures, blood transfusions, and the                                                                 
     administration of drugs, including antibiotics, or                                                                         
     artificial hydration and nutrition."                                                                                       
                                                                                                                                
MS.  SYLVESTER explained  that in  Amendment 1,  the language  in                                                               
"(2)" covers  the balancing act.   Once the decision-maker  is on                                                               
the scene,  that person  will be  making those  decisions, always                                                               
considering the best  interests of the patient.   That means that                                                               
the burdens  of a  health care decision  are weighed  against the                                                               
benefits.   She confirmed  that "(3)" states  that the  intent is                                                               
not to condone mercy killing, assisted suicide, or euthanasia.                                                                  
                                                                                                                                
REPRESENTATIVE  WEYHRAUCH referred  to Ms.  Nenon's concept  of a                                                               
"fine line" as  being important to keep in mind  because of there                                                               
being so many  possible situations.  He reminded  members that in                                                               
talking about policy determination,  ultimately it's the patient,                                                               
their agent,  family, and the  physicians who have to  make these                                                               
decisions,  and they  are made  on  a case-by-case  basis.   It's                                                               
impossible to  dictate in statute what  to do or not  do in these                                                               
emotional,  medical,  personal,  family, and  social  situations.                                                               
It's inappropriate to  have to look for  legislative intent while                                                               
dealing with  somebody in a  critical care  unit, at home,  or in                                                               
hospice.                                                                                                                        
                                                                                                                                
SENATOR  GUESS read  from  [page  2, line  2],  "until given  the                                                               
opportunity to make health care  decisions directly or through an                                                               
agent,  a  surrogate,  or  a  guardian"  and  asked,  given  that                                                               
everything goes  back to  best interest of  the patient,  why was                                                               
this being deleted?                                                                                                             
                                                                                                                                
MS. SYLVESTER  explained that Amendment  1 is a compromise.   She                                                               
said  imagine a  situation in  which  someone comes  in after  an                                                               
accident; the  presumption is that  the patient wants to  be kept                                                               
alive, we  err on  the side  of life.   Current  medical practice                                                               
does  not  wait  around  to discover  what  the  patient  wanted.                                                               
Action is  taken to stabilize the  patient.  After that,  data is                                                               
gathered about  the patient's physical condition,  the prognosis,                                                               
and the patient's  health.  A decision-maker comes  to the scene.                                                               
The concern  is that this  language would put the  presumption in                                                               
favor  of life  over  the  patient's individual  decision-making.                                                               
That was  a concern in the  Nancy Cruzan case, for  example.  The                                                               
reason the  guardian kept  pushing the  case further  was because                                                               
Missouri had  a presumption in favor  of life that was  so strong                                                               
in the  living will statute,  that her dire,  desperate, physical                                                               
condition was  not enough to  trump that presumption in  favor of                                                               
life.  Having said that,  the individual analysis that will occur                                                               
during the best interest - making  a decision as to what's in the                                                               
best  interest of  this patient  -  envisions decision-making  by                                                               
others (medical, family, or loved ones).                                                                                        
                                                                                                                                
SENATOR  GUESS said  the way  it currently  reads, best  interest                                                               
trumps the  decision of  an agent, surrogate,  or guardian.   She                                                               
said she might be someone who says:                                                                                             
     You  better  do everything  that  you  can do,  and  my                                                                    
     husband  gets to  the emergency  room,  and the  people                                                                    
     say, 'well  it's best interest'  which is kind  of this                                                                    
     cost-benefit, all this other stuff,  and I as the agent                                                                    
     or the spouse  don't get to make  that decision because                                                                    
     this  is saying  that the  best interest  trumps versus                                                                    
     the agent, and the best  interest is clear but it's not                                                                    
     clear.   They're  great guidelines,  it's well-written,                                                                    
     but you  can have it  switch the  other way and  not be                                                                    
     too heavy in the presumption  of life but actually take                                                                    
       away someone who wanted that strong presumption of                                                                       
     life.  Am I correct?                                                                                                       
                                                                                                                                
MS.  SYLVESTER said  this amendment  was offered  by Chair  Dyson                                                               
and, from Representative Weyhrauch's  point of view, the original                                                               
language  was  preferable, but  it's  negotiable,  as there  were                                                               
other battles that they felt more strongly about.                                                                               
                                                                                                                                
SENATOR  GUESS  said  to  Chair   Dyson,  there's  an  unintended                                                               
consequence here and wondered if that was what he was intending.                                                                
                                                                                                                                
CHAIR DYSON said  he thought it was.  He  asked if somebody could                                                               
speak to  what goes  into the best  interest determination  for a                                                               
patient.                                                                                                                        
                                                                                                                                
2:52 p.m.                                                                                                                       
                                                                                                                                
DR.  MARIA  WALLINGTON,  medical ethicist  at  Providence  Alaska                                                               
Medical  Center, testified  via teleconference,  saying that  the                                                               
decision  needs  to be  made  between  physicians who  can  offer                                                               
information regarding the realities  of the medical situation and                                                               
the family,  who knows  that patient's values.   She  referred to                                                               
page  37,  noting that  at  the  end  of  the list  under  what's                                                               
included  in the  definition of  "best  interest" is:   "(G)  the                                                               
religious beliefs  and basic values  of the  individual receiving                                                               
treatment."   She said  at the  time the  best interest  is being                                                               
determined, one  wants to  include all  of the  medical realities                                                               
and  information about  the  patient, which  is  provided by  the                                                               
surrogate.   She said she  didn't think  that taking it  out adds                                                               
anything and  that keeping  it in makes  it clearer,  saying that                                                               
she agrees  with Senator Guess on  this point.  She  said she was                                                               
not willing to fight for it because  in the rest of the bill, the                                                               
way  surrogates have  been set  up along  with the  definition of                                                               
best interest recaptures that part.                                                                                             
                                                                                                                                
CHAIR  DYSON  said  that  in  the  absence  of  evidence  to  the                                                               
contrary,  like  an  advance directive,  the  presumption  is  to                                                               
preserve  life, consistent  with the  best interest.   People  go                                                               
through this "best interest" list to  do the best they can in the                                                               
absence of an advance directive,  or evidence to the contrary, to                                                               
decide what's best for that patient.                                                                                            
                                                                                                                                
SENATOR GUESS said she wouldn't  maintain her objection, but said                                                               
it needs to  be re-thought.  She referenced page  38, line 4, and                                                               
said that "religious  beliefs and basic values"  could be trumped                                                               
by the medical  situation.  With making that  point, she withdrew                                                               
her objection.                                                                                                                  
                                                                                                                                
CHAIR DYSON announced Amendment 1 was adopted.                                                                                  
                                                                                                                                
CHAIR DYSON moved Amendment 2.                                                                                                  
                                                                                                                                
MS.  SYLVESTER  explained  that  there  is  concern  with  states                                                               
adopting statutes  that offend the  sensibility of  other states.                                                               
Alaska, among other states, is re-thinking reciprocity.                                                                         
                                                                                                                                
SENATOR GUESS noted that the  correct page number for Amendment 2                                                               
is page 4, line 14 [rather than page 5, line 7].                                                                                
                                                                                                                                
MS. SYLVESTER continued  by explaining that it  is important that                                                               
Alaska  honor advance  directives, living  wills, and  anatomical                                                               
gift donations  signed by people from  out of state.   If someone                                                               
is visiting  Alaska, those directives  need to be honored  to the                                                               
extent  that they  comply  with  Alaska law.    If, for  example,                                                               
someone is  from Oregon, which  authorizes assisted  suicide, the                                                               
desire is  to make it  clear that  those wishes won't  be carried                                                               
out in Alaska because it doesn't comply with Alaska law.                                                                        
                                                                                                                                
CHAIR DYSON asked  if a similar change needed to  be made to page                                                               
12, lines 26 - 27.                                                                                                              
                                                                                                                                
MS. SYLVESTER responded no, that  it has been corrected regarding                                                               
anatomical gifts and the "do not resuscitate" orders.                                                                           
                                                                                                                                
CHAIR DYSON confirmed that she had  just said that page 12, lines                                                               
26  - 27,  version  B was  fine  as is.   He  then  asked if  the                                                               
language was also fine on page 22, lines 18 - 20.                                                                               
                                                                                                                                
MS.  SYLVESTER  said that  is  correct,  and explained  that  the                                                               
language on  page 22 describes  the exemption from  liability for                                                               
the anatomical gift, and says that  with regard to a physician or                                                               
Life Alaska acting on someone's  anatomical gift donation made in                                                               
another state, the  desire is to prevent liability  for acting on                                                               
that.                                                                                                                           
                                                                                                                                
CHAIR  DYSON   acknowledged  that  there  was   no  objection  to                                                               
Amendment 2.   He moved  that Amendment  2 be amended  to correct                                                               
the page number of  page 4, 1ine 14.  He then  asked if there was                                                               
any  further  objection.    There being  none,  Amendment  2  was                                                               
adopted.                                                                                                                        
                                                                                                                                
CHAIR DYSON then asked Ms. Sylvester to address Amendment 3.                                                                    
                                                                                                                                
MS. SYLVESTER  said this was  a substantive change  and explained                                                               
[using  herself  as  an  example]   that  regarding  health  care                                                               
decisions, she  makes them for  herself because she's  a thinking                                                               
person  who's  awake;  she's  not unconscious.    If  she  became                                                               
unconscious  and lost  capacity,  someone else  would make  those                                                               
decisions.  If  she filled out an advance  health care directive,                                                               
then she'd  have an agent (name  somebody).  If she  were part of                                                               
the 90  percent of the  population who  have never filled  out an                                                               
advance  directive, then  HB 25  creates  a new  group of  people                                                               
called health  care surrogates.   This would be her  husband, for                                                               
example, or if  he was not available, her  mother (someone close,                                                               
who would  know of her wishes).   Those people are  making health                                                               
care decisions.                                                                                                                 
                                                                                                                                
MS.   SYLVESTER  continued   that  if,   for  example   she  were                                                               
unconscious  and  needed  to  have  her leg  fixed  after  a  car                                                               
accident -  it could be  trivial decisions  that need to  be made                                                               
until  regaining  capacity  -  but these  people  may  also  find                                                               
themselves in circumstances in which  they're making decisions to                                                               
withdraw or withhold  life support.  It's in the  interest of the                                                               
state  to   put  some  parameters  around   that  decision-making                                                               
process.  Withdrawing life support  is not the same as consenting                                                               
to have a  spleen removed, for example.  For  her husband to make                                                               
those decisions,  she has  to have a  qualifying condition.   She                                                               
has to  be in a persistent  vegetative state, for example,  or be                                                               
terminally ill, unconscious, in the  advance stages of cancer and                                                               
dying,  if someone  is going  to decide  to withhold  or withdraw                                                               
artificial hydration, or just let her  die.  That's an example of                                                               
those parameters.                                                                                                               
                                                                                                                                
MS.  SYLVESTER  said  the  agent and  surrogate  are  dealt  with                                                               
separately in  version B.   Chair Dyson  wanted to  highlight the                                                               
importance of  this by giving  the withholding or  withdrawing of                                                               
life-sustaining  procedures a  separate section.   Ms.  Sylvester                                                               
referenced the  suggested changes included  in Amendment 3.   She                                                               
explained  that  these  changes eliminate  from  the  equation  a                                                               
husband who  gets into  a serious motorcycle  accident or  a burn                                                               
victim who  is burned but will  recover - those people  would not                                                               
have  a  qualifying   condition  -  so  therefore   it  would  be                                                               
inappropriate  and not  allowed  under this  law  to withhold  or                                                               
withdraw life-sustaining  procedures.  That's how  to ensure that                                                               
Alaska is  not allowing euthanasia  or mercy killing  or anything                                                               
like assisted suicide.                                                                                                          
                                                                                                                                
CHAIR DYSON moved Amendment 3.                                                                                                  
                                                                                                                                
DR. WALLINGTON pointed out that  the correct reference is page 7,                                                               
lines 10-13 [rather than lines 4-9].                                                                                            
                                                                                                                                
MS. SYLVESTER  suggested that these  be considered  as conceptual                                                               
amendments [because of the reference modifications].                                                                            
                                                                                                                                
CHAIR DYSON then moved conceptual Amendment 3.                                                                                  
                                                                                                                                
SENATOR GREEN asked  if the new section being  added to Amendment                                                               
3 was the  first mention of "durable power of  attorney" or if it                                                               
occurred throughout the bill.                                                                                                   
                                                                                                                                
MS. SYLVESTER said  regarding consistency, it started  out with a                                                               
living  person, anticipating,  "I'm  an individual"  and when  an                                                               
advance directive is filled out,  "I'm a principal" but later on,                                                               
the  same  person  (me,  as   the  individual  with  the  advance                                                               
directive), may become a patient, so it tracks accordingly.                                                                     
                                                                                                                                
REPRESENTATIVE WEYHRAUCH  clarified that the question  was where,                                                               
in the bill, the terminology appears.                                                                                           
                                                                                                                                
SENATOR GREEN  said she wanted to  be sure it was  consistent, as                                                               
she doesn't remember seeing it that often.                                                                                      
                                                                                                                                
CHAIR DYSON then  announced and apologized that SB  376 would not                                                               
be heard that day.                                                                                                              
                                                                                                                                
CHAIR DYSON  asked if there was  any objection to Amendment  3 as                                                               
amended.                                                                                                                        
                                                                                                                                
DR. WALLINGTON  said she  wanted to  comment on  the terminology,                                                               
noting  that most  of the  bill uses  "health care  agent" rather                                                               
than "durable power of attorney."                                                                                               
                                                                                                                                
MS. SYLVESTER  responded that regarding  this issue she  needs to                                                               
look through the bill for  conformity because various people have                                                               
given input at various stages.                                                                                                  
                                                                                                                                
CHAIR DYSON said seeing and  hearing no objection to Amendment 3,                                                               
Amendment 3 is adopted.                                                                                                         
                                                                                                                                
CHAIR DYSON moved Amendment 4.                                                                                                  
                                                                                                                                
SENATOR GUESS objected and noted  that the correct page reference                                                               
is page 8, line 15.                                                                                                             
                                                                                                                                
MS.  SYLVESTER  explained  that   this  amendment  deals  with  a                                                               
protection  that  comes from  the  guardianship  statute, and  is                                                               
important  to folks  with  mental  illness.   Unless  there is  a                                                               
durable  power of  attorney for  health care  or another  written                                                               
document  clearly  expressing  an   individual's  intent  to  the                                                               
contrary, an agent or surrogate may  not consent on behalf of the                                                               
patient to an abortion,  sterilization, psychosurgery, or removal                                                               
of  bodily  organs  except   when  the  abortion,  sterilization,                                                               
psychosurgery,  or  removal  of  bodily organs  is  necessary  to                                                               
preserve  the  life   of  the  patient  or   to  prevent  serious                                                               
impairment to the health of the  patient.  If someone is mentally                                                               
ill,  sterilization  was formerly  a  standard  order.   If  it's                                                               
necessary to prevent harm to  the patient's physical health, then                                                               
there's  an  option.   Because  psychosurgery  deals with  mental                                                               
health, the word "physical" needs to be deleted.                                                                                
                                                                                                                                
CHAIR DYSON asked if the objection was maintained.                                                                              
                                                                                                                                
SENATOR GUESS said no.                                                                                                          
                                                                                                                                
CHAIR DYSON announced that with  the withdrawal of the objection,                                                               
Amendment 4 was adopted.                                                                                                        
                                                                                                                                
3:15 p.m.                                                                                                                       
                                                                                                                                
CHAIR DYSON moved Amendment 5.                                                                                                  
                                                                                                                                
SENATOR GREEN  objected for purposes  of discussion,  and pointed                                                               
out that the correct page number is page 8 rather than 9.                                                                       
                                                                                                                                
MS.  SYLVESTER explained  that this  section  comes from  current                                                               
statute, and it is the "do  not resuscitate orders (DNR)" and the                                                               
living will  statute.  It is  one of the statutes  being repealed                                                               
and  re-implemented in  HB 25.   She  said this  was expanded  to                                                               
include advance  health care directives,  but because  it created                                                               
confusion, we're  essentially backing-up.  Before  implementing a                                                               
health care decision  for a woman of childbearing  age that would                                                               
affect a fetus, if present,  the supervising health care provider                                                               
shall  take reasonable  steps  to determine  whether  a woman  is                                                               
pregnant.  That is standard practice  and is not new, as women of                                                               
this age are routinely checked for pregnancy.                                                                                   
                                                                                                                                
MS.  SYLVESTER   referred  to  "(b)  Notwithstanding   any  other                                                               
provision  of this  chapter to  the contrary,  an advance  health                                                               
care directive  by a  patient or  a decision  by the  person then                                                               
authorized to  make health care  decisions for a patient  may not                                                               
be given effect if" certain  conditions are present.  The patient                                                               
is a  woman who is  pregnant and is unconscious,  lacks capacity,                                                               
and most typically  she will be unconscious.  The  directive is a                                                               
decision to withhold  or withdraw health care but  what it really                                                               
meant is  life-sustaining measures.   We don't mean  health care,                                                               
for we don't mean  to imply that if a woman is  in a car accident                                                               
and is going  to recover, but the treatment is  going to harm the                                                               
fetus, the implication is not to  put the life of the fetus ahead                                                               
of the life  of the mother.  Amendment 4  removes health care and                                                               
puts in life-sustaining procedures.                                                                                             
                                                                                                                                
MS.  SYLVESTER continued  that the  withdrawal or  withholding of                                                               
health  care -  and  health care  needs to  be  changed to  life-                                                               
sustaining procedures  - would,  in reasonable  medical judgment,                                                               
be likely  to result  in the  death of the  patient.   It's clear                                                               
from reading this that  the woman is dying or is  near death.  It                                                               
could  be   a  DNR,  she   could  have  already  died   and  they                                                               
resuscitated her.   The last  condition to be  met is that  it is                                                               
probable  that the  fetus  could  develop to  the  point of  live                                                               
birth,  if  life-sustaining  procedures   were  provided.    This                                                               
section of  the bill  is worded  flexibly so  that it  allows for                                                               
discussion and  decision-making, but the probability  is that the                                                               
fetus could develop to the point of  live birth.  If the woman is                                                               
eight months  pregnant, it's probable.   If the mother  is dying,                                                               
the removal  of life  support is  stayed, to  give the  fetus the                                                               
opportunity to live.  This is  standard practice.  In some cases,                                                               
doctors consider whether there are one or two patients.                                                                         
                                                                                                                                
CHAIR  DYSON  clarified  that   conceptual  Amendment  5  deletes                                                               
"health care"  and inserts  "life-sustaining procedures"  on page                                                               
8, line 24; page 8, line 25; and page 8, line 28.                                                                               
                                                                                                                                
CHAIR  DYSON asked  if there  was  any objection.   Seeing  none,                                                               
Amendment 5 was adopted.                                                                                                        
                                                                                                                                
CHAIR DYSON moved Amendment 6.                                                                                                  
                                                                                                                                
MS. SYLVESTER said this was  first proposed by the Disability Law                                                               
Center and  was incorporated into  the working draft,  version X.                                                               
She said  that in  the case  of mental  illness, nothing  in this                                                               
chapter  overrides  or  undermines  the validity  of  a  properly                                                               
executed  durable power  of attorney.   The  real world  scenario                                                               
that  the  Disability  Law  Center is  concerned  about  is  that                                                               
someone who is in API loses capacity or is incompetent.                                                                         
                                                                                                                                
CHAIR DYSON asked if there was any objection.                                                                                   
                                                                                                                                
SENATOR GREEN  asked about the  amendment's location on  page 13,                                                               
line 29.                                                                                                                        
                                                                                                                                
MS. SYLVESTER said the drafter could put it anywhere.                                                                           
                                                                                                                                
SENATOR GREEN said  it is currently located between  (a) and (b),                                                               
and wondered if this was desired.                                                                                               
                                                                                                                                
MS.  SYLVESTER said  this  could be  considered  as a  conceptual                                                               
amendment and could go wherever the  drafter would like to find a                                                               
space for it.                                                                                                                   
                                                                                                                                
CHAIR DYSON  agreed that it could  go where the drafter  feels it                                                               
is  most appropriate.    He  asked if  there  was any  objection.                                                               
There being none, Amendment 6 was adopted.                                                                                      
                                                                                                                                
CHAIR DYSON moved conceptual Amendment 7.                                                                                       
                                                                                                                                
SENATOR DAVIS objected.                                                                                                         
                                                                                                                                
MS. SYLVESTER  said there were  a couple of suggested  changes to                                                               
the  optional  form.    There was  discussion  about  the  actual                                                               
wording in [Relief from Pain],  with the concern that someone not                                                               
be thinking  about terminating life  with pain  relief, countered                                                               
with not  lecturing to  the patient  or creating  confusion about                                                               
pain  medication.    What  was   arrived  at,  which  is  a  nice                                                               
compromise, is "I  direct that adequate treatment  be provided at                                                               
all times  for the  sole purpose  of the  alleviation of  pain or                                                               
discomfort;".                                                                                                                   
                                                                                                                                
TAPE 04-22, SIDE A                                                                                                            
                                                                                                                              
SENATOR GREEN asked if "or" was  being omitted, to be followed by                                                               
instructions.                                                                                                                   
                                                                                                                                
MS. SYLVESTER  referred to  page 30,  line 25  of version  B, and                                                               
said that Relief from Pain, lines 26 - 28, were being taken out.                                                                
                                                                                                                                
REPRESENTATIVE WEYHRAUCH noted that "or" stays in.                                                                              
                                                                                                                                
CHAIR DYSON confirmed the new language  would be on page 30, line                                                               
26, and asked if the desire is to expand Amendment 7.                                                                           
                                                                                                                                
MS.  SYLVESTER  confirmed something  should  be  included in  the                                                               
Optional form, after Relief from  Pain.  She explained this would                                                               
be a conceptual  amendment and would still need to  be worked out                                                               
with Senator  Guess, Chair  Dyson, and  Doctor Wallington.   This                                                               
would  provide an  option  to discuss  a  person's attitudes  and                                                               
directives regarding the situation of pregnancy.                                                                                
                                                                                                                                
CHAIR DYSON asked for Amendment 7 to be adopted.                                                                                
                                                                                                                                
SENATOR WILKEN  suggested that this  be called Amendment  7a, and                                                               
the other, Amendment 7b.                                                                                                        
                                                                                                                                
CHAIR DYSON announced that Amendment 7a was adopted.                                                                            
                                                                                                                                
MS.  SYLVESTER   said  the  language   for  Amendment   7b  would                                                               
essentially be, "Should  I become unconscious and  I am pregnant,                                                               
I  direct that"  and  would  be followed  on  page  31, by  Other                                                               
Wishes.                                                                                                                         
                                                                                                                                
SENATOR DAVIS moved conceptual Amendment 7b.                                                                                    
                                                                                                                                
CHAIR  DYSON objected,  and  asked Ms.  Sylvester  to review  the                                                               
amendment.                                                                                                                      
                                                                                                                                
MS. SYLVESTER  said it  would come after  [Relief from  Pain] and                                                               
before Other  Wishes.  The idea  is that the form  is designed to                                                               
have people encounter or confront  these decisions.  For example,                                                               
one concern  expressed to me  was, "If  I'm in a  situation where                                                               
it's my life or  my child, I want my child's  life to come before                                                               
my own."  This would provide  an opportunity for someone to state                                                               
those wishes.  They could be  stated in other wishes, but without                                                               
having an option for pregnancy, it  might not occur to the person                                                               
who  is filling  out the  form.   The idea  is not  to trump  the                                                               
presumption in favor of life, or  what we worked on in pregnancy.                                                               
Senator Guess  has her  concerns, but  it was  actually suggested                                                               
for people  who want  to be  clear that  they want  their child's                                                               
life to come before their own.                                                                                                  
                                                                                                                                
SENATOR WILKEN  asked if  7b would insert  paragraph (E)  on page                                                               
30.                                                                                                                             
                                                                                                                                
MS. SYLVESTER said she thought it would become a new "(7)."                                                                     
                                                                                                                                
SENATOR WILKEN asked if Other Wishes would become "(8)."                                                                        
                                                                                                                                
MS. SYLVESTER replied correct.                                                                                                  
                                                                                                                                
SENATOR GUESS asked if the  objection was maintained.  She stated                                                               
for the  record that  she has issues  with the  pregnancy section                                                               
because it  overturns the health  care directive.   Regardless if                                                               
it is  included or  not, she  said she  thought it  was extremely                                                               
important to have  it in the health care directive  so that those                                                               
conversations happen.   Most  likely, most  people will  make the                                                               
decision  to do  everything possible  to save  the child,  but if                                                               
that's  not in  the  health  care directive,  you  get into  some                                                               
fairly murky  water.  It might  be better to deal  with pregnancy                                                               
in  best interests,  but it's  not addressed  in best  interests.                                                               
She  said  it  doesn't  hurt  to  prompt  people  to  have  those                                                               
conversations,  since  "not everyone  gets  to  sit in  committee                                                               
rooms and know that they should have them."                                                                                     
                                                                                                                                
DR. WALLINGTON  said she  supports this, and  the major  value of                                                               
putting an  optional form  into the  law itself  is that  it will                                                               
prompt people to think about important decisions.                                                                               
                                                                                                                                
MS. SYLVESTER re-stated the proposed  conceptual Amendment 7b for                                                               
clarification.                                                                                                                  
                                                                                                                                
CHAIR DYSON removed his objection.                                                                                              
                                                                                                                                
CHAIR DYSON asked  if there was further objection.   Seeing none,                                                               
conceptual Amendment 7b was adopted.                                                                                            
                                                                                                                                
CHAIR DYSON moved to adopt Amendment 8.                                                                                         
                                                                                                                                
SENATOR WILKEN objected.                                                                                                        
                                                                                                                                
MS.   SYLVESTER  explained   that  version   B  discusses   three                                                               
qualifying  conditions.    These  are  situations  in  which  the                                                               
decision-maker  may  consider  withholding or  withdrawing  life-                                                               
sustaining  procedures.   One of  the  conditions is  a state  of                                                               
permanent unconsciousness.   The  other is a  terminal condition,                                                               
and the  third, an  incurable or  irreversible condition.   We've                                                               
merged  terminal condition  and  incurable  condition and  called                                                               
this terminal condition.   That was a compromise  that was worked                                                               
out with Chip  Wagoner from [Alaska Catholic  Conference], and is                                                               
supported by Dr. Wallington as  well.  Regarding "life-sustaining                                                               
procedures"  Chair Dyson's  language that  appeared in  version X                                                               
has  been adopted  into the  definition.  The definition  section                                                               
deals  with three  definitions:   qualifying condition,  terminal                                                               
condition, and  life-sustaining procedures.  She  noted that this                                                               
could be considered as a conceptual amendment.                                                                                  
                                                                                                                                
CHAIR DYSON asked if the objection was maintained.                                                                              
                                                                                                                                
SENATOR WILKEN said no.                                                                                                         
                                                                                                                                
CHAIR DYSON announced that Amendment 8 was accepted.                                                                            
                                                                                                                                
MS. SYLVESTER  asked for  leeway from the  committee so  that the                                                               
bill  could  be  reviewed  for inconsistencies,  brought  to  the                                                               
drafter's  attention  and  fixed.  [The request  was  treated  as                                                               
accepted.]                                                                                                                      
                                                                                                                                
CHAIR  DYSON  noted  for  the  record that  there  was  a  slight                                                               
question about judicial relief on  page 15, and the definition of                                                               
cardiopulmonary resuscitation on pages 10 and 11.                                                                               
                                                                                                                                
SENATOR GUESS  asked, for the record,  if there would be  time to                                                               
work through some issues with Ms. Sylvester.                                                                                    
                                                                                                                                
CHAIR DYSON responded in the affirmative.                                                                                       
                                                                                                                                
SENATOR  WILKEN  asked about  passage  of  HCR 31,  and  received                                                               
confirmation that this had passed out of committee.                                                                             
                                                                                                                                
CSHB 25(JUD) was held in committee.                                                                                             

Document Name Date/Time Subjects