H‑0726.1   _____________________________________________

 

HOUSE BILL 1299

 

           _____________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Representatives Keiser, Ballasiotes, Cody, Kenney, Ruderman, Cairnes, Darneille and Rockefeller

 

Read first time 01/23/2001.  Referred to Committee on Judiciary.

_1      AN ACT Relating to advance health care directives; and adding a

_2  new section to chapter 11.94 RCW.

     

_3  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     

_4      NEW SECTION.  Sec. 1.  A new section is added to chapter 11.94

_5  RCW to read as follows:

_6      (1) For the purposes of this section:

_7      (a) "Act in good faith" means to act consistently with a

_8  legally sufficient psychiatric advance directive of the principal

_9  or information otherwise made known by the principal, unless the

10  actor has actual knowledge of the modification or revocation of

11  the information expressed.  If these sources of information do not

12  provide adequate guidance to the actor, "act in good faith" means

13  acting in the best interests of the principal, considering the

14  principal's overall general health condition and prognosis and the

15  principal's personal values to the extent known.

16      (b) "Decision‑making capacity" or "capacity" means the ability

17  to understand the significant benefits, risks, and alternatives to

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_1  proposed health care and to make and communicate a health care

_2  decision.

_3      (c) "Health care" means any care, treatment, service, or

_4  procedure to maintain, diagnose, or otherwise affect a person's

_5  physical or mental condition.

_6      (d) "Health care agent" or "agent" means an individual age

_7  eighteen or older who is appointed by a principal in a psychiatric

_8  advance directive or health care power of attorney to make health

_9  care decisions on behalf of the principal.

10      (e) "Health care decision" means the consent, refusal of

11  consent, or withdrawal of consent to health care.

12      (f) "Health care facility" means a hospital or other entity

13  licensed under the laws of this state.

14      (g) "Health care instruction" means a written statement of the

15  principal's values, preferences, guidelines, or directions

16  regarding health care.

17      (h) "Health care power of attorney" means an instrument

18  appointing one or more health care agents to make health care

19  decisions for the principal.

20      (i) "Health care provider" means a person, health care

21  facility, organization, or corporation licensed, certified, or

22  otherwise authorized or permitted by the laws of this state to

23  administer health care directly or through an arrangement with

24  other health care providers, including health maintenance

25  organizations.

26      (j) "Principal" means an individual age eighteen or older who

27  has executed a psychiatric advance directive.

28      (k) "Psychiatric advance directive" means a written instrument

29  that complies with this section and includes one or more health

30  care instructions, a health care power of attorney, or both.

31      (2) A principal with the decision-making capacity to do so may

32  execute a psychiatric advance directive.  A psychiatric advance

33  directive may include one or more health care instructions to

34  direct health care providers, others assisting with health care,

35  family members, and a health care agent.  A psychiatric advance

36  directive may include a health care power of attorney to appoint a

37  health care agent to make health care decisions for the principal

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_1  when the principal, in the judgment of the principal's attending

_2  physician, lacks decision‑making capacity, unless otherwise

_3  specified in the psychiatric advance directive.

_4      (3) To be legally sufficient in this state, a psychiatric

_5  advance directive must:

_6      (a) Be in writing;

_7      (b) Be dated;

_8      (c) State the principal's name;

_9      (d) Be executed by a principal with capacity to do so with the

10  signature of the principal or with the signature of another person

11  authorized by the principal to sign on behalf of the principal;

12      (e) Contain verification of the principal's signature or the

13  signature of the person authorized by the principal to sign on

14  behalf of the principal, either by a notary public or by witnesses

15  as provided under this section; and

16      (f) Include a health care instruction, a health care power of

17  attorney, or both.

18      (4) An individual appointed by the principal under subsection

19  (2) of this section to make the determination of the principal's

20  decision‑making capacity is not eligible to act as the health care

21  agent.

22      (5) The following individuals are not eligible to act as the

23  health care agent, unless the individual appointed is related to

24  the principal by blood, marriage, registered domestic partnership,

25  or adoption, or unless the principal has otherwise specified in

26  the psychiatric advance directive:

27      (a) A health care provider attending the principal on the date

28  of execution of the psychiatric advance directive or on the date

29  the health care agent must make decisions for the principal; or

30      (b) An employee of a health care provider attending the

31  principal on the date of execution of the psychiatric advance

32  directive or on the date the health care agent must make decisions

33  for the principal.

34      (6) A health care agent or alternate health care agent

35  appointed in a health care power of attorney may not act as a

36  witness or notary public for the execution of the psychiatric

37  advance directive that includes the health care power of attorney.

38      (7) At least one witness to the execution of the psychiatric

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_1  advance directive must not be a health care provider providing

_2  direct care to the principal or an employee of a health care

_3  provider providing direct care to the principal on the date of

_4  execution.  A person notarizing a psychiatric advance directive may

_5  be an employee of a health care provider providing direct care to

_6  the principal.

_7      (8) A health care agent acting pursuant to a psychiatric

_8  advance directive has the same right as the principal to receive,

_9  review, and obtain copies of medical records of the principal, and

10  to consent to the disclosure of medical records of the principal,

11  unless the principal has otherwise specified in the psychiatric

12  advance directive.

13      (9) A principal with the capacity to do so may revoke a

14  psychiatric advance directive in whole or in part at any time by

15  doing any of the following:

16      (a) Canceling, defacing, obliterating, burning, tearing, or

17  otherwise destroying the psychiatric advance directive instrument

18  or directing another in the presence of the principal to destroy

19  the psychiatric advance directive instrument, with the intent to

20  revoke the psychiatric advance directive in whole or in part;

21      (b) Executing a statement, in writing and dated, expressing the

22  principal's intent to revoke the psychiatric advance directive in

23  whole or in part;

24      (c) Verbally expressing the principal's intent to revoke the

25  psychiatric advance directive in whole or in part in the presence

26  of two witnesses who do not have to be present at the same time;

27  or

28      (d) Executing a subsequent psychiatric advance directive, to

29  the extent the subsequent instrument is inconsistent with any

30  prior instrument.

31      (10) Unless the principal has otherwise specified in the

32  psychiatric advance directive, the appointment by the principal of

33  the principal's spouse or registered domestic partner as health

34  care agent under a health care power of attorney is revoked by the

35  commencement of proceedings for dissolution, annulment, or

36  termination of the principal's marriage or commencement of

37  proceedings for termination of the principal's registered domestic

38  partnership.

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_1      (11) The principal is presumed to have the capacity to execute

_2  a psychiatric advance directive and to revoke a psychiatric

_3  advance directive, absent clear and convincing evidence to the

_4  contrary.

_5      (12) A health care provider or health care agent may presume

_6  that a psychiatric advance directive is legally sufficient absent

_7  actual knowledge to the contrary.  A psychiatric advance directive

_8  is presumed to be properly executed, absent clear and convincing

_9  evidence to the contrary.

10      (13) A health care agent, and a health care provider acting

11  pursuant to the direction of a health care agent, are presumed to

12  be acting in good faith, absent clear and convincing evidence to

13  the contrary.

14      (14) A psychiatric advance directive is presumed to remain in

15  effect until the principal modifies or revokes it, absent clear

16  and convincing evidence to the contrary.

17      (15) This section does not create a presumption concerning the

18  intention of an individual who has not executed a psychiatric

19  advance directive and, except as otherwise provided by this

20  section, does not impair or supersede any right or responsibility

21  of an individual to consent, refuse to consent, or withdraw

22  consent to health care on behalf of another in the absence of a

23  psychiatric advance directive.

24      (16) A copy of a psychiatric advance directive is presumed to

25  be a true and accurate copy of the executed original, absent clear

26  and convincing evidence to the contrary, and must be given the

27  same effect as an original.

 

‑‑‑ END ‑‑‑

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