HB 197-HEALTH CARE SERVICES DIRECTIVES CHAIR DYSON announced that the final order of business would be HOUSE BILL NO. 197, "An Act relating to directives for personal health care services and for medical treatment." MELANIE LESH, Staff to Representative Bill Hudson, Alaska State Legislature, came forth on behalf of the sponsor of HB 197 and stated that reference has been made in the bill on page 2, Section 2 [of the proposes committee substitute (CS) for HB 197, 22-LS0712\C, Bannister, 4/12/01], that the Five Wishes form containing the health care directives is more or less sanctioned by the state. It states, "a person may use a form that is substantially similar to the Five Wishes form for making directives [related to the person's health care and death,] including designating another person to act as an attorney-in- fact or other agent". Number 0628 REPRESENTATIVE JOULE made a motion to adopt the proposed CS for HB 197, 22-LS0712\C, Bannister, 4/12/01, as a work draft. There being no objection, Version C was before the committee. REPRESENTATIVE WILSON stated that she wasn't present during [the first hearing of the bill], and asked for an explanation. CHAIR DYSON explained that a group of people who have been in hospice care and deal with people who are dying have come up with the Five Wishes of what people can indicate what they would like to have done as they are dying. Number 0743 REPRESENTATIVE STEVENS moved to report [CS]HB 197 out of committee with individual recommendations and the accompanying zero fiscal note. [His motion was not addressed.] REPRESENTATIVE COGHILL stated that he thinks referencing the form and having a list of definitions is good. He asked, if everything [in the bill] is permissive and nothing is mandated, whether this is going to be sufficient. MS. LESH responded that the other states that have implemented this also have a more permissive statutory structure that enables this to be something a citizen can take advantage of, but it's not a mandatory form. People in the legal field [in Alaska] have weighed in on this and said that they do wills and trusts for businesses, but would like this form to be available for people who can't hire attorneys. REPRESENTATIVE COGHILL stated that this is a contractual framework that would already be legitimate if the [legislature didn't pass this bill]. He said he is trying to understand that logic. MS. LESH stated that it is her understanding, through the information received from Aging With Dignity, that Alaska's laws do conflict and don't allow this. [Alaska] is one of the only states that has statutory inhibitions to allowing this form to be used legally by the average person who wants to find it himself or herself. Number 0920 REPRESENTATIVE CISSNA moved to report [CS]HB 197 out of committee with individual recommendations and the accompanying zero fiscal note. REPRESENTATIVE WILSON stated that [the hospital she works in] already has advanced directives. She asked if most hospitals have them. MS. LESH responded that the advanced directives [in hospitals] are living-will advanced directives that don't go to the extent of the Five Wishes. This expands extensively the options for terminally ill individuals. REPRESENTATIVE COGHILL remarked that it has to be expressed with caution that many times these forms can be filled out in a very leading way. Number 1017 CHAIR DYSON announced that there being no objection, CSHB 197 (HES) was moved from the House Health, Education and Social Services Standing Committee.