HOUSE BILL REPORT
HB 2465
BYRepresentatives May, Braddock, Hankins, Leonard, Brooks, Prentice, Miller, Jacobsen, Brough, R. Meyers, Ferguson, S. Wilson, Silver, Sayan, Nealey, Cole, Scott, Horn, Sprenkle, Rust, Vekich, Spanel, Dellwo, Appelwick, Schmidt, Rasmussen, Morris, Anderson, Chandler, Jesernig, Cantwell, Betrozoff, Holland, Rector, Wineberry, Wang, Smith and Brekke
Revising the natural death act.
House Committe on Health Care
Majority Report: Do pass. (11)
Signed by Representatives Braddock, Chair; Day, Vice Chair; Brooks, Ranking Republican Member; Cantwell, Chandler, Morris, Prentice, D. Sommers, Sprenkle, Vekich and Wolfe.
House Staff:John Welsh (786-7133)
AS PASSED HOUSE FEBRUARY 9, 1990
BACKGROUND:
The Natural Death Act provides a form and procedures for adult persons to order their physician, pursuant to a written directive, to withhold or withdraw life-sustaining procedures where the patient has been diagnosed with an irreversible terminal condition by at least two physicians.
The written directive must be signed by the declarant in the presence of two witnesses and becomes part of the medical record.
Physicians, other licensed health personnel, and hospitals and nursing homes participating in good faith in carrying out the directive are not subject to civil or criminal liability, nor guilty of acts of unprofessional conduct.
The withholding of life-sustaining procedures does not constitute suicide, affect life insurance policies, nor is it to be considered the proximate cause of death of the patient.
A physician or hospital or nursing home refusing to carry out the directive must make a good faith effort to transfer the patient to another physician or such facility that will.
However, there is no specific authority for a patient to order a physician to withhold resuscitation in the event of cardiac or respiratory arrest.
Residential facilities are not protected from civil or criminal liability, nor required to transfer patients if refusing to effectuate patient directives.
SUMMARY:
The Natural Death Act is clarified to authorize an adult person to execute a written directive ordering the physician to withhold resuscitation in the event of cardiac or respiratory arrest.
The directive must be signed by the declarer in the presence of two qualified witnesses, and a form for the directive is provided.
The physician and health or residential facility effectuating the patient's directive in good faith are not subject to civil or criminal liability, nor guilty of unprofessional conduct.
The withholding of resuscitation does not constitute suicide, affect life-insurance policies, nor is it to be considered the proximate cause of death of the patient.
A residential facility refusing to carry out the directive must make a good faith effort to transfer the declarer to another residential facility that will.
A residential facility is defined as a boarding home, independent senior housing, independent living units in a continuing care retirement community, and other similar living situations.
Fiscal Note: Not Requested.
House Committee ‑ Testified For: Representative May; Dr. Donna Frankel; Dr. Robert Haning; Janet Hodge; Vernice Dye; Dr. George Snyder, Washington State Medical Association; Ralph Mero; Frank Winslow, Alzheimers Society; Glen Hudson, Washington Health Care Association; William Crowell, AARP; and Betty Jorgenson, Washington State Hospice Association and Home Care Association of Washington.
House Committee - Testified Against: Eileen Brown; Helen Johnson; and Mary Jo Kahler, Human Life.
House Committee - Testimony For: There are a number of instances where health providers, particularly in nursing homes, continue to order resuscitation of patients despite the wishes of the patient. The law needs clarification, as well as emphasis, that patients have the ultimate right to make decisions regarding their own health care and lives.
House Committee - Testimony Against: The Natural Death Act already covers this situation, and there is no need for the bill. Education of health providers about the requirements of the law is the real answer to the problem.