Legislature(2005 - 2006)BUTROVICH 205
04/28/2006 01:30 PM Senate HEALTH, EDUCATION & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| HB442 | |
| SB287 | |
| HB393 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 281 | TELECONFERENCED | |
| += | HB 442 | TELECONFERENCED | |
| += | SB 287 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | HB 393 | ||
CSHB 442(JUD) am - HEALTH CARE DECISIONS
CHAIR DYSON announced CSHB 442(JUD) am to be up for
consideration.
1:35:17 PM
JACQUELINE TUPOU, Staff to Representative Bruce Weyhrauch,
Alaska State Legislature, presented the sponsor statement. She
said that this narrowly crafted cleanup bill is simply for
liability relating to people who carry out Advance Health Care
Directives, and that the sponsor does not want to open the whole
issue again.
MS. TUPOU explained that the bill amends the legal standard to
which doctors are held, from "reasonable" to "good-faith". It
also allows doctors to correct their own mistakes when people
have an Advance Health Care Directive. For example, if a patient
with cancer had a Do Not Resuscitate (DNR) directive but broke
his hip and required surgery under anesthesia, the doctor could
revive him if necessary due to a problem resulting from medical
error during that procedure. Furthermore, doctors honoring
Advance Health Care Directives would not be subject to civil
liability if, for instance, relatives disagreed with a decision.
Ms. Tupou emphasized the importance of having the wishes of
people who have an Advance Health Care Directive carried out by
their families and loved ones.
1:37:57 PM
CHAIR DYSON asked whether there had been any opposition to the
bill.
MS. TUPOU answered that there was minor opposition among
attorneys about providing indemnity, but Representative
Weyhrauch, a former president of the Alaska Bar Association, was
familiar with that, and decided that was the best policy.
SENATOR GREEN arrived at 1:38:22 PM.
1:38:28 PM
SENATOR OLSON asked whether the medical community had offered an
opinion on the bill.
MS. TUPOU replied that physicians brought this issue forward and
added that Eric Jenkins Esq. was available via teleconference to
answer questions for the Alaska State Medical Association and
the "physicians and anesthesiologists groups."
1:39:09 PM
ERIC JENKINS, Attorney-at-Law, Davis Wright Tremaine LLP, said
that he was representing Providence Anchorage Anesthesia Medical
Group, and confirmed that his association is very much in favor
of this bill.
SENATOR OLSON asked why the term "attending physician" was
replaced by the term "physician".
MS. TUPOU replied that, as she understands it, the term
"attending physician" is passé, since numerous doctors might see
a patient once he is admitted to a hospital. The sponsor wanted
to clarify that any physician attending a patient would honor
his Advance Health Care Directives.
1:41:34 PM
SENATOR WILKEN moved to report CSHB 442(JUD) am from committee
with individual recommendations and no fiscal note. Without
objection, CSHB 442(JUD) am was reported from the Senate Health,
Education and Social Services Standing Committee.
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