FINAL BILL REPORT

SHB 763

                                  C 162 L 87

BYHouse Committee on Health Care (originally sponsored by Representative Niemi)

Establishing priorities for who may consent to health care for another.

House Committe on Health Care

Senate Committee on Human Services & Corrections

SYNOPSIS AS ENACTED

BACKGROUND:

Physicians and other health care providers are required by law to obtain the informed consent of patients before rendering health care services.  If informed consent cannot be obtained because of a patient's incompetency, the health provider may be subject to legal liability.  Although a patient's representative is permitted by law to give informed consent on behalf of the incompetent patient, there are no procedures specified for obtaining this consent.

SUMMARY:

Procedures are established for obtaining informed consent for health care from a person authorized to represent an incompetent patient.  Incompetency includes mental illness, developmental disability, senility, habitual drunkeness, excessive use of drugs or other mental incapacity.  Representatives are authorized to give consent in the following order of priority:  a court appointed guardian; a person designated under a durable power of attorney; the patient's spouse; the patient's children, if unanimous; the patient's parents, if unanimous; or adult brothers and sisters, if unanimous.  The physician must make reasonable efforts to locate the authorized persons to give consent for health care.  The patient's representative, before giving consent on behalf of the patient, must determine in good faith that the patient would have consented to the proposed health care.  If this determination cannot be made, the authorized person may consent only if the proposed health care is determined to be in the patient's best interests.

VOTES ON FINAL PASSAGE:

      House 96   0

      Senate    48     0

EFFECTIVE:July 26, 1987