Legislature(2005 - 2006)

2006-04-10 House Journal

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2006-04-10                     House Journal                      Page 3072
HB 442                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 442                                                                              
    "An Act relating to the validity of advance health care directives,                             
    individual health care instructions, and do not resuscitate orders;                             
    relating to the revocation of advance health care directives;                                   
    relating to do not resuscitate orders; relating to resuscitative                                
    measures; relating to the liability of health care providers and                                
    institutions; relating to an individual's capacity for making health                            
    care decisions; and providing for an effective date."                                           
                                                                                                    

2006-04-10                     House Journal                      Page 3073
with the:                                                  Journal Page                             
                                                                                                    
 HES RPT CS(HES) NT 4DP 1NR                                        2688                             
 FN1: ZERO(HSS)                                                    2689                             
 JUD RPT CS(JUD) NT 5DP                                            2932                             
 FN1: ZERO(HSS)                                                    2933                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    CS FOR HOUSE BILL NO. 442(JUD)                                                                  
    "An Act relating to the validity of advance health care directives,                             
    individual health care instructions, and do not resuscitate orders;                             
    relating to the revocation of advance health care directives;                                   
    relating to do not resuscitate orders; relating to resuscitative                                
    measures; relating to the liability and discipline of health care                               
    providers, institutions, and facilities; relating to an individual's                            
    capacity for making health care decisions; and providing for an                                 
    effective date."                                                                                
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representatives Gruenberg and                                        
Weyhrauch:                                                                                          
                                                                                                    
Page 1, line 4, following "facilities;" (title amendment):                                        
    Insert "relating to proceedings for judicial relief;"                                         
                                                                                                    
Page 5, following line 18:                                                                          
    Insert a new bill section to read:                                                              
   "* Sec. 10. AS 13.52.140 is amended to read:                                                   
     Sec. 13.52.140. Judicial relief. On petition of a patient, the                               
    patient's agent, guardian, or surrogate, or a health care provider or                           
    institution involved with the patient's care, the superior court may                            
    enjoin or direct a health care decision or order other equitable                                
    relief. A proceeding under this section is governed by                                          
    AS 13.26.090 - 13.26.320 [AS 13.26.165 - 13.26.320]."                                       
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    

2006-04-10                     House Journal                      Page 3074
Page 6, line 22:                                                                                    
    Delete "Sections 1 - 12"                                                                        
    Insert "Sections 1 - 13"                                                                        
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Objection was heard and withdrawn.  There being no further objection,                               
Amendment No. 1 was adopted, and the new title follows:                                             
                                                                                                    
    CS FOR HOUSE BILL NO. 442(JUD) am                                                               
    "An Act relating to the validity of advance health care directives,                             
    individual health care instructions, and do not resuscitate orders;                             
    relating to the revocation of advance health care directives;                                   
    relating to do not resuscitate orders; relating to resuscitative                                
    measures; relating to the liability and discipline of health care                               
    providers, institutions, and facilities; relating to proceedings for                            
    judicial relief; relating to an individual's capacity for making                                
    health care decisions; and providing for an effective date."                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 442(JUD) am be considered engrossed, advanced to third                                         
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
CSHB 442(JUD) am was read the third time.                                                           
                                                                                                    
The question being:  "Shall CSHB 442(JUD) am pass the House?"                                       
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 442(JUD) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  2   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg,                                         
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring,                                
Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson,                                           
Ramras, Rokeberg, Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                        
                                                                                                    

2006-04-10                     House Journal                      Page 3075
Excused:  Salmon, Samuels                                                                           
                                                                                                    
Absent:  Croft, Kelly                                                                               
                                                                                                    
And so, CSHB 442(JUD) am passed the House.                                                          
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
                                                                                                    
CSHB 442(JUD) am was referred to the Chief Clerk for engrossment.