SENATE BILL REPORT

SHB 763

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

Senate Hearing Date(s):March 30, 1987

Majority Report:     Do pass.

     Signed by Senators Stratton, Vice Chairman; Anderson, Deccio, Johnson, Kiskaddon, Kreidler, Tanner.

Senate Staff:Scott Plack (786-7409)

                March 31, 1987

AS REPORTED BY COMMITTEE ON HUMAN SERVICES & CORRECTIONS, MARCH 30, 1987

BACKGROUND:

According to statutory law, a physician and other health care provider must first obtain the informed consent of a patient before rendering health care services.  The inability to obtain such consent from a patient who is incompetent due to some disability may subject the health provider to legal liability.  Informed consent involves a disclosure of the nature of the treatment proposed, anticipated results, alternative forms of treatment and recognized risks.  The law permits a court appointed guardian to give informed consent on behalf of the incompetent patient.  The need to obtain a guardian delays medical care and requires that the patient's family incur the expenses associated with attorney and court costs. 

SUMMARY:

Procedures are provided for obtaining the informed consent to make health care decisions on behalf of patients who become incompetent by reason of mental illness, development disability, senility, habitual drunkeness, excessive use of drugs or other mental incapacity.  Physicians may obtain such consent by consulting, 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.  In the event that none of these persons exists, or can be located, a guardian must then be appointed by the court.  The physician must make reasonable efforts to locate the above persons to secure authorization to provide health care, and the person providing consent on behalf of the patient must first determine in good faith that the patient would have consented to the proposed health care.  In the absence of this, the physician and authorized person may consent only if it is determined to be in the patient's best interests.

Fiscal Note:    available

Senate Committee - Testified:   Representative Janice Niemi