HB 383: "An Act relating to health care decisions."
00HOUSE BILL NO. 383 01 "An Act relating to health care decisions." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 18 is amended by adding new sections to read: 04 Article 2. Health Care Decisions. 05 Sec. 18.12.200. Individual instructions. An individual who is an adult or an 06 emancipated minor may give an individual instruction. The instruction may be oral 07 or written and may be limited to take effect only if a specified condition arises. 08 Sec. 18.12.210. Powers of attorney. (a) An individual who is an adult or an 09 emancipated minor may execute a power of attorney for health care under 10 AS 18.12.200 - 18.12.290. The power of attorney may authorize the agent to make 11 any health care decisions the principal could have made while having capacity. The 12 power must be in writing and signed by the principal. The power remains in effect 13 notwithstanding the principal's later incapacity and may include individual instructions. 14 Unless related to the principal by blood, marriage, or adoption, an agent may not be
01 an owner, operator, or employee of a residential long-term health care institution at 02 which the principal is receiving care. 03 (b) Unless specified otherwise in a power of attorney for health care, the 04 authority of an agent becomes effective only upon a determination that the principal 05 lacks capacity, and ceases to be effective upon a determination that the principal has 06 recovered capacity. 07 Sec. 18.12.220. Provisions not exclusive. Notwithstanding any other 08 provision of law to the contrary, the handling of health care decisions under 09 AS 18.12.200 - 18.12.290 is not exclusive and is in addition to any other method 10 authorized under law for making health care decisions, including a power of attorney 11 for health care services under AS 13.26.332 - 13.26.358, a declaration under 12 AS 18.12010 - 18.12.100, and a declaration for mental health treatment under 13 AS 47.30.950 - 47.30.980. 14 Sec. 18.12.290. Definitions. In AS 18.12.200 - 18.12.290, 15 (1) "agent" means an individual designated in a power of attorney for 16 health care to make a health care decision for the individual granting the power; 17 (2) "capacity" means an individual's ability to understand the 18 significant benefits, risks, and alternatives to proposed health care and to make and 19 communicate a health care decision; 20 (3) "health care" means any care, treatment, service, or procedure to 21 maintain, diagnose, or otherwise affect an individual's physical or mental condition; 22 (4) "health care decision" means a decision made by an individual or 23 the individual's agent, guardian, or surrogate regarding the individual's health care, 24 including 25 (A) selection and discharge of health care institutions, and 26 individuals licensed, certified, or otherwise authorized or permitted by law to 27 provide health care in the ordinary course of business or practice of a 28 profession; 29 (B) approval or disapproval of diagnostic tests, surgical 30 procedures, programs of medication, and orders not to resuscitate; and 31 (C) directions to provide, withhold, or withdraw artificial
01 nutrition and hydration and all other forms of health care; 02 (5) "health care institution" means an institution, facility, or agency 03 licensed, certified, or otherwise authorized or permitted by law to provide health care 04 in the ordinary course of business; 05 (6) "individual instruction" means an individual's direction concerning 06 a health care decision for the individual; 07 (7) "power of attorney for health care" means the designation of an 08 agent to make health care decisions for the individual granting the power; 09 (8) "surrogate" means an individual, other than a patient's agent or 10 guardian, authorized under AS 18.12.200 - 18.12.290 to make a health care decision 11 for the patient. 12 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section 13 to read: 14 REVISOR'S INSTRUCTION. In the following statute sections, the revisor shall 15 change the references to "this chapter" and "AS 18.12" to read "AS 18.12.010 - 18.12.100": 16 AS 13.26.335, 13.26.344(l)(3), AS 13.50.030(b), 13.50.030(d), 13.50.050(d), AS 18.12.010(d), 17 18.12.035(d), 18.12.037, 18.12.040(b), 18.12.050(b), 18.12.060, 18.12.080(a), 18.12.080(d), 18 18.12.080(e), 18.12.080(f), 18.12.090, 18.12.100, AS 18.65.311, AS 28.10.021(c), 19 AS 28.15.061(d), and 28.15.111(b).