Legislature(2011 - 2012)BELTZ 105 (TSBldg)

03/19/2012 01:30 PM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 172 CARE DIRECTIVES/DO NOT RESUSCITATE ORDERS TELECONFERENCED
Heard & Held
+ SB 198 POLICE OFFICER PROTECTIONS/CERTIFICATION TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
        SB 172-CARE DIRECTIVES/DO NOT RESUSCITATE ORDERS                                                                    
                                                                                                                                
1:32:16 PM                                                                                                                    
CHAIR FRENCH announced the consideration of SB 172, and                                                                         
commented that this was a tricky area of the law and he,                                                                        
personally, would be cautious.                                                                                                  
                                                                                                                                
1:33:14 PM                                                                                                                    
SENATOR DYSON, sponsor of SB 172, introduced the bill                                                                           
paraphrasing the following sponsor statement:                                                                                   
                                                                                                                                
     The  purpose  of  this  bill  is  to  provide  for  the                                                                    
     protection of a patient's  right to prevent a physician                                                                    
     from issuing  a Do Not  Resuscitate (DNR) order  on the                                                                    
     patient without the expressed  consent of that patient,                                                                    
     or  if   the  patient   lacks  capacity,   without  the                                                                    
     concurrence of a second physician.                                                                                         
                                                                                                                                
     In 2004  the Alaska Legislature drafted  the current AS                                                                    
     13.52  Health  Care   Decisions  Act.  The  Legislature                                                                    
     included  language in  AS  13.52.120(a) establishing  a                                                                    
     presumption in favor of  life. Legislative Legal states                                                                    
     the  language of  the Health  Care  Decision Act,  when                                                                    
     read  in   its  entirety,  supports   interpreting  the                                                                    
     chapter   to  allow   a  patient   (or  the   patient's                                                                    
     authorized representative) to  prevent a physician from                                                                    
     issuing  a  DNR  order,  but that  ambiguities  in  the                                                                    
     chapter could result in other interpretations.                                                                             
                                                                                                                                
     This ambiguity in  statute allows unnecessary emotional                                                                    
     and  mental anguish  to  Alaskan  residents faced  with                                                                    
     critical end-of-life   decisions. SB 172  clarifies the                                                                    
     authority  of DNR  decisions with  respect to  patients                                                                    
     and  physicians,  and  amends the  Alaska  Health  Care                                                                    
     Directive form  to allow patients  to accept  or refuse                                                                    
     life-sustaining procedures.                                                                                                
                                                                                                                                
1:35:36 PM                                                                                                                    
SENATOR COGHILL joined the committee.                                                                                           
                                                                                                                                
CHAIR FRENCH recognized  that Senator Donny Olson  had joined the                                                               
committee.                                                                                                                      
                                                                                                                                
SENATOR DYSON  said he  interpreted the  Duke Law  Review article                                                               
that analyzed  the Alaska Health  Care Decisions Act to  say that                                                               
the  statute  was  ambiguous  and did  not  represent  the  clear                                                               
intention  of  the  legislature.  He explained  that  his  office                                                               
became  involved in  this issue  when a  physician at  a hospital                                                               
refused  to remove  a do  not  resuscitate (DNR)  order that  was                                                               
issued  without permission  from  the patient  or his  authorized                                                               
representative.  Legislative Legal  was  asked if  AS 13.52,  the                                                               
Health  Care  Decisions  Act,  was  clear  that  a  patient  with                                                               
capacity had the authority to revoke a do not resuscitate order.                                                                
                                                                                                                                
Legislative  Counsel, Terry  Bannister,  stated that  the law  is                                                               
fairly clear that a  doctor has a right to issue  a DNR order but                                                               
is limited by  the decision of the patient  or his/her authorized                                                               
representative  to revoke  the order.  She also  said there  were                                                               
ambiguities   in  the   statute  that   could  result   in  other                                                               
interpretations.   His  office   originally   thought  that   the                                                               
ambiguities  could be  addressed in  a Revisor's  bill since  the                                                               
idea was to simply clarify the  original intent of the law. Input                                                               
was sought from the hospital executives as well.                                                                                
                                                                                                                                
The   issue   appeared   to   be   resolved   until   significant                                                               
disagreements  came up  after the  bill was  heard in  the Senate                                                               
Health and  Social Services  Committee. Physicians  generally did                                                               
not agree  that a patient should  be able to revoke  a DNR order.                                                               
The proposed  committee substitute (CS) accommodates  some of the                                                               
suggestions that were made.                                                                                                     
                                                                                                                                
1:45:12 PM                                                                                                                    
CHAIR FRENCH asked  for a motion to adopt  the proposed committee                                                               
substitute.                                                                                                                     
                                                                                                                                
SENATOR  WIELECHOWSKI moved  to adopt  the work  draft CS  for SB
172, labeled 27-LS0991\D, as the working document.                                                                              
                                                                                                                                
CHAIR  FRENCH announced  that without  objection,  version D  was                                                               
before the committee.                                                                                                           
                                                                                                                                
1:45:36 PM                                                                                                                    
CHUCK KOPP,  staff to  Senator Fred  Dyson, provided  a sectional                                                               
analysis for CSSB 172.                                                                                                          
                                                                                                                                
Section 1  amends AS 13.52.045 to  clarify that a DNR  order does                                                             
not prevent a health care  institution or facility from providing                                                               
life-sustaining procedures to a patient.                                                                                        
                                                                                                                                
CHAIR FRENCH commented on how  difficult he found this section to                                                               
understand  and that  it was  exacerbated by  the specific  legal                                                               
definitions.                                                                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI  asked if the  section was  basically saying                                                               
that a health care institution can disregard a DNR order.                                                                       
                                                                                                                                
MR.  KOPP said  no; the  issue of  life sustaining  procedures is                                                               
different than  a DNR order. A  patient that has a  DNR order may                                                               
have another medical  event that isn't related to  the reason the                                                               
DNR  order was  issued.  This  section says  that  a health  care                                                               
facility does not have to  interpret that DNR order as preventing                                                               
the providing  of life sustaining treatment  or medications. That                                                               
conversation  can  take  place  between  the  physician  and  the                                                               
patient or his/her authorized representative.                                                                                   
                                                                                                                                
SENATOR WIELECHOWSKI asked for an example.                                                                                      
                                                                                                                                
MR.  KOPP  said a  DNR  is  generally  issued with  a  qualifying                                                               
condition  such  as  permanent   unconsciousness  or  a  terminal                                                               
condition.  In an  advance health  care directive  a patient  can                                                               
declare  beforehand that  he/she  would  like certain  procedures                                                               
administered or undertaken. If the  patient is unconscious, their                                                               
surrogate  could comment  on what  life sustaining  procedures to                                                               
employ. He reiterated  that a life sustaining  procedure does not                                                               
overrule a DNR order.                                                                                                           
                                                                                                                                
SENATOR DYSON added that artificial  feeding is a good example. A                                                               
DNR order does  not mean that a patient can't  continue to be fed                                                               
through a  tube or  given assistance in  breathing or  that those                                                               
procedures can't be applied. He  emphasized that a DNR order does                                                               
not  prohibit  a hospital  from  doing  whatever it  believes  is                                                               
appropriate for a particular patient.                                                                                           
                                                                                                                                
1:50:35 PM                                                                                                                    
SENATOR  PASKVAN asked  for a  distinction between  an individual                                                               
instruction or health care decision and a DNR order.                                                                            
                                                                                                                                
MR. KOPP explained that an  individual instruction comes straight                                                               
from the individual, whereas a  health care decision that's in an                                                               
advance  directive  can  be  made  by  the  individual  or  their                                                               
surrogate.                                                                                                                      
                                                                                                                                
SENATOR  PASKVAN  said  he  was   trying  to  understand  how  an                                                               
instruction from an  individual interacts with a DNR  which is an                                                               
instruction that does not come from the individual.                                                                             
                                                                                                                                
MR.  KOPP said  he'd like  Legislative Legal  to comment  because                                                               
their  opinion is  that  a  DNR is  a  health  care decision.  He                                                               
offered his belief that the  physician has the authority to issue                                                               
the  DNR order  and the  patient has  the statutory  authority to                                                               
make it ineffective. Both of those are health care decisions.                                                                   
                                                                                                                                
SENATOR PASKVAN  commented that it's  one thing for a  patient to                                                               
say  he/she chooses  not  to follow  recommended  care, but  it's                                                               
another  thing  to  say  a  physician has  to  do  something  the                                                               
physician doesn't recommend.                                                                                                    
                                                                                                                                
SENATOR  DYSON   offered  his  belief   that  most   doctors  and                                                               
institutions  will administer  CPR to  a patient  that goes  into                                                               
arrest.                                                                                                                         
                                                                                                                                
1:56:37 PM                                                                                                                    
MR. KOPP continued the sectional analysis.                                                                                      
                                                                                                                                
Section  2  amends AS  13.52.060(e)  to  prohibit a  health  care                                                               
provider from  declining to comply  with a DNR order  for reasons                                                               
of conscience if  the order is consistent with  the provisions of                                                               
AS 13.52. Nor is a  health care provider, health care institution                                                               
or  facility allowed  to  decline to  comply  with an  individual                                                               
instruction or  a health  care decision that  requests that  a do                                                               
not resuscitate order be made  ineffective, except as provided in                                                               
AS  13.52.030(h).  Subsection  (h)  clarifies  that  health  care                                                               
providers may decline to comply  with a decision of an authorized                                                               
surrogate if  that decision is  not in  the best interest  of the                                                               
patient.                                                                                                                        
                                                                                                                                
The  sponsor believes  the narrow  focus of  the bill  to protect                                                               
patients from being  subject to a DNR order  against their wishes                                                               
is  consistent  with current  statutory  language.  He cited  the                                                               
current language in AS 13.52.100(c) as an example.                                                                              
                                                                                                                                
CHAIR FRENCH clarified  for the record that Mr.  Kopp was reading                                                               
from the statute, not the bill.                                                                                                 
                                                                                                                                
MR. KOPP  cited the immunity  provision in  AS 13.52.080(a)(6)(B)                                                               
and   then  directed   attention   to   the  handout   containing                                                               
highlighted  subsections  of  Chapter   13.52  that  support  the                                                               
ability of  a patient not  to be subject  to a DNR  order against                                                               
the   patient's  wishes.   He   read  AS   13.52.120(a)  and   AS                                                               
13.52.100(a)  and posited  that this  was why  the amendment  was                                                               
consistent with current law.                                                                                                    
                                                                                                                                
                                                                                                                                
2:01:48 PM                                                                                                                    
Section  3 amends  AS 13.52.060(f)  to state  that a  health care                                                               
provider, health care institution or  facility may not decline to                                                               
comply  with an  individual instruction  or health  care decision                                                               
that  requests that  a DNR  order be  made ineffective  except as                                                               
provided in AS 13.52.030(h).                                                                                                    
                                                                                                                                
Section 4 amends AS 13.52.065(a)  to limit a physician's right to                                                               
issue a DNR order only as provided in AS 13.52.065.                                                                             
                                                                                                                                
Section  5 amends  AS  13.52.065(b) to  state  that the  protocol                                                               
adopted by  the Department of  Health and Social  Services (DHSS)                                                               
for  withholding CPR  by health  care providers  and institutions                                                               
must comply with AS 13.52.065.                                                                                                  
                                                                                                                                
Section 6 adds new subsections  (g-j) to AS 13.52.065. Subsection                                                               
(g) prohibits  a physician from  issuing a DNR order  without the                                                               
express consent of the patient that  has capacity and is 18 years                                                               
or older. Consent may also be  provided by an advance health care                                                               
directive or by the patient's authorized surrogate.                                                                             
                                                                                                                                
Subsection  (h) states  that a  physician may  issue a  DNR order                                                               
without the  express consent  required in  subsection (g)  if the                                                               
patient  does not  have capacity,  no one  is authorized  to make                                                               
health care  decisions, and  the patient  has an  advanced health                                                               
care directive that  indicates the patient wants a  DNR order, or                                                               
the directive  is silent about  the issuance  of a DNR  order and                                                               
another physician concurs in the decision.                                                                                      
                                                                                                                                
Subsection (i) requires a physician to  revoke a DNR order if the                                                               
DNR order  violates subsection (g),  if the patient  has capacity                                                               
and requests that  the DNR order be revoked, if  the patient does                                                               
not  have capacity  and  does  not have  an  advance health  care                                                               
directive  that indicates  that the  patient wants  a DNR,  and a                                                               
person authorized to  make health care decisions  for the patient                                                               
requests the revocation of the  DNR order. A physician shall also                                                               
revoke a DNR  order if the patient  is under 18 years  of age and                                                               
the  parent or  guardian of  the  patient requests  that the  DNR                                                               
order be revoked.                                                                                                               
                                                                                                                                
Subsection (j) says a physician may  revoke a DNR order issued by                                                               
another  physician  for  a  patient,  if  the   physician  has  a                                                               
physician-patient relationship with the patient.                                                                                
                                                                                                                                
Section 7 amends AS 13.52.080(a) to  replace a citation to the do                                                               
not  resuscitate protocol  in AS  13.52.065 that  is repealed  by                                                               
this bill.                                                                                                                      
                                                                                                                                
Section 8 amends the optional form  in AS 13.52.300 by adding new                                                               
subparagraph  (E)  that  gives instructions  for  life-sustaining                                                               
procedures. The patient has the  opportunity to accept or decline                                                               
life-sustaining procedures  or identify  specific life-sustaining                                                               
procedures the patient wishes to receive.                                                                                       
                                                                                                                                
Section 9 amends AS 13.52.390(17)  by expanding the definition of                                                               
"health care  decision" to  include a  direction relating  to the                                                               
provision of CPR or other resuscitative measures.                                                                               
                                                                                                                                
Section 10  repeals AS 13.52.065(f) that  currently addresses how                                                               
DNR orders are made ineffective.                                                                                                
                                                                                                                                
Section  11 adds  a provision  to  indicate how  DNR orders  made                                                               
before the effective date will be treated in light of the bill.                                                                 
                                                                                                                                
2:07:28 PM                                                                                                                    
SENATOR  DONNY OLSON  stated  that he  strongly  supports SB  172                                                               
because it will  clear up some of the confusion  about a person's                                                               
basic  rights regarding  health  care decisions.  He offered  his                                                               
belief  that each  individual should  be  the most  in charge  of                                                               
his/her or  her own health  care. The patient's wishes  should be                                                               
honored whenever possible.                                                                                                      
                                                                                                                                
SENATOR  PASKVAN expressed  reservations about  a patient  having                                                               
the right to change a  physician's recommendation regarding a DNR                                                               
order.                                                                                                                          
                                                                                                                                
SENATOR OLSON offered  his belief that the  patient should always                                                               
have the right to overrule a physician.                                                                                         
                                                                                                                                
CHAIR FRENCH asked if a patient can demand a certain medicine.                                                                  
                                                                                                                                
SENATOR  OLSON replied  it would  up to  the physician  to decide                                                               
whether or not to succumb to the demand.                                                                                        
                                                                                                                                
CHAIR  FRENCH  asked if  a  patient  can  compel a  physician  to                                                               
perform acupuncture.                                                                                                            
                                                                                                                                
SENATOR  OLSON replied  not  if the  physician  isn't trained  in                                                               
acupuncture.                                                                                                                    
                                                                                                                                
CHAIR  FRENCH  asked if  a  patient  can  compel a  physician  to                                                               
perform CPR.                                                                                                                    
                                                                                                                                
SENATOR OLSON replied it's the  moral obligation of any physician                                                               
to come to the aid of someone in cardiac arrest.                                                                                
                                                                                                                                
CHAIR  FRENCH  asked if  a  patient  can  compel a  physician  to                                                               
perform  CPR even  if the  physician  judges it  to be  medically                                                               
ineffective.                                                                                                                    
                                                                                                                                
SENATOR  OLSON  recalled a  situation  when  he was  hesitant  to                                                               
perform CPR because he didn't have malpractice insurance.                                                                       
                                                                                                                                
2:15:38 PM                                                                                                                    
MARGRET  A. MULLINS,  representing herself,  Anchorage, AK,  said                                                               
she was  also speaking on behalf  of her late husband  to ask the                                                               
committee  to change  what  is apparently  poor  DNR language  in                                                               
current [statute.] It caused both  she and her husband great pain                                                               
and suffering. She explained that  when her husband was diagnosed                                                               
with  a  stage 3  glioblastoma  multiforme  (GBM) tumor  all  the                                                               
attending  physicians said  treatment would  only be  palliative.                                                               
They were urged to sign a  DNR order because full-code care might                                                               
break  ribs, puncture  lungs and  cause pain  resulting in  "poor                                                               
quality of  life." She and her  husband instead chose to  rely on                                                               
their faith in  God. They repeatedly said that  DNRs were against                                                               
their  faith and  that  poor quality  of life  and  a short  life                                                               
expectancy  were not  things they  were  considering. These  were                                                               
matters in God's hands. She  cited examples of family members and                                                               
others  who  after prayer  did  what  their physicians  said  was                                                               
impossible, they recovered.                                                                                                     
                                                                                                                                
MRS. MULLINS  said her husband  continued to oppose a  DNR order,                                                               
although the  requests to sign  became increasingly  adamant. She                                                               
described the progression  of the disease, treatment  at a larger                                                               
hospital in  the Lower 48  and follow-up treatment  in Anchorage.                                                               
She also  described admission difficulties  and the  poor quality                                                               
of  care  her  husband  received  when he  was  admitted  to  the                                                               
Anchorage  hospital  for  an  unrelated  medical  situation.  She                                                               
complained  that  he  was  being  treated  with  a  "why  bother"                                                               
attitude since he also had a  GBM tumor. The requests to sign the                                                               
DNR order continued but she and  her husband held firm because it                                                               
was God's decision.  Nevertheless, a DNR order  kept appearing on                                                               
his  record.  She said  she  believes  that  he was  murdered  by                                                               
neglect  and because  of the  DNR  attitude, which  is that  life                                                               
isn't worth much once there's a terminal prognosis.                                                                             
                                                                                                                                
MS.  MULLINS  urged the  committee  to  clarify the  language  in                                                               
statute so  that health care decisions  are not taken out  of the                                                               
hands of individuals. "No doctor has  the right to say my husband                                                               
does not  have the right  to live,"  she concluded. She  said she                                                               
would send her written testimony.                                                                                               
                                                                                                                                
CHAIR FRENCH  assured Mrs. Mullins  that he would  distribute her                                                               
testimony to the committee and it would be placed in the record.                                                                
                                                                                                                                
2:35:23 PM                                                                                                                    
STEPHEN THOMAS  RUST, MD.,  representing himself,  Anchorage, AK,                                                               
said he  was testifying in  opposition to CSSB 172.  He explained                                                               
that he has  been in active practice for 24  years and frequently                                                               
deals with end-of-life   issues. He relayed that  he has intimate                                                               
knowledge of Mr. and Mrs. Mullins' situation.                                                                                   
                                                                                                                                
DR. RUST stated that the  current Alaska Health Care Decision Act                                                               
protects  a person's  right  to consent  or  decline any  medical                                                               
procedure  or  treatment,  and  the  medical  community  strongly                                                               
supports a  person's right to  have control over their  own body.                                                               
Current  medical  practice  and  current law  are  both  strongly                                                               
biased  towards life,  he  said.  CPR is  applied  if a  person's                                                               
medical  condition and  history  isn't clear,  if their  personal                                                               
goals  of care  and individual  beliefs are  unknown, and  if any                                                               
attending physician  believes it  should be applied.  However, it                                                               
isn't a panacea.  CPR is an extreme measure and  violent act that                                                               
is performed when  an individual arrests. He noted  that about 17                                                               
percent of  people that arrest  in a  hospital and are  given CPR                                                               
survive to discharge.                                                                                                           
                                                                                                                                
CHAIR FRENCH  observed that it  hasn't been stated on  the record                                                               
that a DNR order is entirely  about CPR. He directed attention to                                                               
AS 13.52.390(12) that defines a DNR  order as "a directive from a                                                               
licensed physician  that emergency  cardiopulmonary resuscitation                                                               
should not be administered to a qualified patient."                                                                             
                                                                                                                                
DR. RUST said  the physician community values life on  a de facto                                                               
basis, but  sometimes medical  procedures become  ineffective and                                                               
are  ill advised.  That being  said, he  opined that  it's a  bit                                                               
ludicrous to tell  physicians to use their  medical expertise and                                                               
best judgment  in regard to administering  all medical procedures                                                               
except CPR. He  said he was aware of the  sponsor's intent but it                                                               
wouldn't be achieved with this bill.                                                                                            
                                                                                                                                
He briefly  discussed the  Mullins case  and countered  the claim                                                               
that a patient  would ever be refused admission because  of a DNR                                                               
order in  their record. He  explained that  a Comfort One  is the                                                               
only way that  EMS personnel are not obligated to  perform CPR on                                                               
a dying  patient, and posited  that Mrs. Mullins  was referencing                                                               
that when she spoke about a DNR order.                                                                                          
                                                                                                                                
2:42:26 PM                                                                                                                    
CHAIR FRENCH  expressed concern that  the bill  could potentially                                                               
make  a physician  feel compelled  to provide  care that  was not                                                               
medically  appropriate.  He  noted  that letters  in  the  packet                                                               
articulate that same concern.                                                                                                   
                                                                                                                                
DR. RUST  said if  a patient  says he/she  doesn't want  CPR, the                                                               
physician is obligated  to honor that wish. The  patient also has                                                               
the right  to revoke that  decision. Current statute  covers that                                                               
very well, he said.                                                                                                             
                                                                                                                                
2:43:59 PM                                                                                                                    
GEORGE RHYNEER,  MD., representing himself and  members of Alaska                                                               
Physicians   and  Surgeons   (APS),   Anchorage,   AK,  said   he                                                               
sympathizes  with  the sponsor's  intent  to  give patients  more                                                               
control  over   their  treatment.  He  explained   that  CPR  was                                                               
developed  to  reverse  a  sudden  and  unexpected  cessation  of                                                               
heartbeat or  breathing, not as  a technique to  restart critical                                                               
organs.  It has  become standard  practice for  the treatment  of                                                               
unexpected  death, but  it  isn't generally  used  when death  is                                                               
imminent.  Because  physicians,  patients,  and  families  define                                                               
"imminent"  very differently,  he said  he believes  the decision                                                               
about  whether  or  not  to  administer CPR  should  be  made  by                                                               
everyone concerned. He said just  as he can't force treatments on                                                               
patients,  medical  ethics  dictate  that he  shouldn't  have  to                                                               
provide  treatments  that  he   deems  ineffective,  harmful,  or                                                               
useless. He  applauded the sponsor  for bringing  forward end-of-                                                               
life  issues  and suggested developing a  working group comprised                                                               
of  patients,   physicians,  and  legislators  to   continue  the                                                               
discussion.  He  recounted an  experience  he  had with  a  dying                                                               
patient  and  concluded  that physicians  should  always  try  to                                                               
provide the treatment that's desired.                                                                                           
                                                                                                                                
CHAIR FRENCH asked if he supported the bill.                                                                                    
                                                                                                                                
DR. RHYNEER replied  the intent is very admirable,  but there may                                                               
be better ways of doing it.                                                                                                     
                                                                                                                                
2:48:58 PM                                                                                                                    
RANDALL   MCGREGGOR,  MD.,   chief  medical   officer,  Fairbanks                                                               
Memorial Hospital,  Fairbanks, AK, stated that  he was testifying                                                               
on his  own behalf and represents  the views of the  hospital. He                                                               
stated  opposition  to  the  bill   because  it  could  compel  a                                                               
physician  to  place  or  revoke  an order  that  could  lead  to                                                               
inappropriate  care or  cause harm.  He agreed  with Dr.  Rhyneer                                                               
that CPR  is only  done when  a patient  dies naturally  and that                                                               
only  17  percent  of  those  patients who  receive  CPR  in  the                                                               
hospital survive  to leave the  hospital. He agreed  that end-of-                                                               
life  decisions should be made  with the patient, the family, and                                                               
the  physicians.   If  end-of-life    decisions   are  not  made,                                                               
physicians are ethically and morally bound  to err on the side of                                                               
preserving life.                                                                                                                
                                                                                                                                
DR.  MCGREGGOR emphasized  that a  DNR order  does not  mean that                                                               
life sustaining  measures or comfort  care will be  withdrawn. It                                                               
simply allows for a natural  death. He concluded that the patient                                                               
should  be  able  to  make  that decision,  but  it's  the  wrong                                                               
approach to  compel a  physician to  perform CPR  when it  is not                                                               
consistent with medical standards of practice.                                                                                  
                                                                                                                                
2:52:20 PM                                                                                                                    
RYAN  MCGHAN, MD.,  representing himself,  Anchorage, AK,  stated                                                               
opposition  to  SB  172.  He  described  how  DNR  decisions  are                                                               
typically  made  and  what  the  patient,  the  family,  and  the                                                               
physicians  bring to  the  table. The  patient  and family  bring                                                               
expertise  in the  patient and  their values,  and the  providers                                                               
bring their medical  expertise. He said it's  the physicians' job                                                               
to honor  the wishes  of the patient  whenever possible,  and all                                                               
parties   generally  come   to   agreement.   With  any   medical                                                               
intervention the  potential benefits must be  weighed against the                                                               
potential harms.  Regarding this particular  case, he said  it is                                                               
not reasonable to compel a  physician against their conscience to                                                               
provide care  that won't help the  patient. It will make  it even                                                               
more difficult to care for  critically ill patients if physicians                                                               
are forced to provide care that  only has potential to cause harm                                                               
with no reasonable prospect of benefit.                                                                                         
                                                                                                                                
2:56:01 PM                                                                                                                    
DONNA  STEPHENS, representing  herself, Anchorage,  AK, said  she                                                               
was an  RN and the  executive director for Hospice  of Anchorage.                                                               
She  said she's  learned that  most people  fear what  they don't                                                               
know and  most Americans avoid  learning about death.  When faced                                                               
with  a life-threatening  crisis,  most people  don't know  their                                                               
choices  or what  is  legal  or ethical.  Everyone  she meets  is                                                               
committed  to doing  the right  thing, but  they don't  know what                                                               
that is.  They are  overwhelmed with  emotional pain  and fearing                                                               
loss. Doctors  and hospitals  are asked to  stop death,  but when                                                               
it's biologically impossible and  the physicians are brave enough                                                               
and  take the  time to  tell the  patient and  family that,  many                                                               
people  react  with more  fear,  more  pain, and  sometimes  with                                                               
anger. The bill won't solve these problems, it will create more.                                                                
                                                                                                                                
Because there  isn't one right  way to  die, the solution  is for                                                               
each  person to  learn the  benefits  and burdens  of the  common                                                               
choices and  legal and ethical  issues that  guide at the  end of                                                               
life.  Each person  should also  talk to  their loved  ones about                                                               
their wishes. She  suggested convening a coalition  to figure out                                                               
respectful ways  of dialoging about  what an  individual uniquely                                                               
wants  for the  end  of  life. The  bill  attempts  to honor  the                                                               
choices of  the individual for  care at the  end of life,  but it                                                               
likely will make it more  difficult. She concluded that it's time                                                               
to get  on with  the important  work of  helping people  learn to                                                               
talk about dying before they're in crisis.                                                                                      
                                                                                                                                
3:01:18 PM                                                                                                                    
BRIAN TALBOTT-CLARK, representing himself, said he was a master-                                                                
level  social  worker with  Hospice  of  Anchorage testifying  in                                                               
opposition to  SB 172. People don't  like to talk or  think about                                                               
death  until  they   have  no  choice,  and   physicians  are  no                                                               
exception. The  real problem has  nothing to do with  the subject                                                               
of  this bill.  The  real  problem is  one  of understanding  and                                                               
communication  about  end-of-life  issues. The  bill  appears  to                                                               
reflect that lack of understanding and communication.                                                                           
                                                                                                                                
He explained that a DNR order  isn't an advance directive; it's a                                                               
statement  of professional  judgment that  resuscitative measures                                                               
will not  help the patient.  This bill basically  compels medical                                                               
professionals  to  act unprofessional  by  forcing  them to  give                                                               
inappropriate  treatment.  If  the  general  public  were  better                                                               
educated about end-of-life options  and more doctors were willing                                                               
to discuss  end-of-life issues with their  patients sooner, there                                                               
would be fewer  nasty surprises like the  situation that prompted                                                               
this  bill. He  concluded that  SB 172  takes entirely  the wrong                                                               
approach.                                                                                                                       
                                                                                                                                
3:04:15 PM                                                                                                                    
RICHARD  MANDSAGER,  MD.,  Chief  Executive  Officer,  Providence                                                               
Alaska  Medical Center,  Anchorage, AK,  relayed that  he'd spent                                                               
the past  hour sitting  across from  Mrs. Mullins  thinking about                                                               
how the  hospital failed  in communication.  If the  hospital has                                                               
more to learn about communication  with its patients, it needs to                                                               
do that, he said.                                                                                                               
                                                                                                                                
DR. MANDSAGER said  he was testifying against the  bill. It makes                                                               
a fundamental change  to the current statute and  would require a                                                               
physician  to  provide  some treatment  that  is  deemed  futile.                                                               
Journal articles that address this  ethical and legal dilemma are                                                               
concluding  that the  current Alaska  statutes  strike about  the                                                               
right balance. He urged the committee to hold SB 172.                                                                           
                                                                                                                                
CHAIR FRENCH closed public testimony  and announced he would hold                                                               
SB 172 in committee.                                                                                                            
                                                                                                                                

Document Name Date/Time Subjects
SB 172-D.pdf SJUD 3/19/2012 1:30:00 PM
SB 172
SB 172-D Section Analysis.pdf SJUD 3/19/2012 1:30:00 PM
SB 172
SB 172-D Explanation of Changes.pdf SJUD 3/19/2012 1:30:00 PM
SB 172
SB 172 Supportig Document Alaska Law Review.pdf SJUD 3/19/2012 1:30:00 PM
SB 172
SB 172 Response to February 10 Letter from Providence.pdf SJUD 3/19/2012 1:30:00 PM
SB 172
SB 172 Letter Alaska Medical Association.pdf SJUD 3/19/2012 1:30:00 PM
SB 172
Sb 172 Health Care Decisions Act - Review of DNR Law.pdf SJUD 3/19/2012 1:30:00 PM
SB 172
Dickson analysis of CSSB172 3-1-12.pdf SJUD 3/19/2012 1:30:00 PM
SB 172
Dickson supplemental letter 3-8-12.pdf SJUD 3/19/2012 1:30:00 PM
SB 172
Sb 172 Letter Providence Hospital 02.14.2012.pdf SJUD 3/19/2012 1:30:00 PM
SB 172
SB 198 Ver.D.PDF SJUD 3/19/2012 1:30:00 PM
SB 198
SB 198 Lettter of Support.pdf SJUD 3/19/2012 1:30:00 PM
SB 198
SB 198 Letters of Support.PDF SJUD 3/19/2012 1:30:00 PM
SB 198
SB198 Justices Allow Ban on Polygraph Use.pdf SJUD 3/19/2012 1:30:00 PM
SB 198
SB198 Justices Allow Ban on Polygraph Use.pdf SJUD 3/19/2012 1:30:00 PM
SB 198
SB198List of States that Allow for Suspension of Police Officer Certificates.pdf SJUD 3/19/2012 1:30:00 PM
SB 198
SB198States with Polygraph Protection for Police Officers.pdf SJUD 3/19/2012 1:30:00 PM
SB 198
Support for SB 198.PDF SJUD 3/19/2012 1:30:00 PM
SB 198
SB 172 Stephens Testimony 3.19.12.doc SJUD 3/19/2012 1:30:00 PM
SB 172
SB 172 Testimony Talbott-Clark.pdf SJUD 3/19/2012 1:30:00 PM
SB 172