Advance medical directives; revises Health Care Decisions Act to clarify process. (HB2396)
Introduced By
Del. Rob Bell (R-Charlottesville) with support from co-patron Del. Phil Hamilton (R-Newport News)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
☐ |
Became Law |
Description
Advance medical directives. Revises the Health Care Decisions Act to (i) clarify the process for determining a patient to be incapable of making an informed decision regarding health care; (ii) require that determinations of incapacity be made by two physicians, or one physician and one licensed clinical psychologist, one of whom is not otherwise involved in the care of the patient; (iii) allow any one physician to declare that a patient is again capable of making an informed decision; (iv) clarify the authority of an agent named in an advance directive, or a person otherwise given authority to make medical decisions for an incompetent patient; and (v) determine when a physician may treat a patient over his protests. Read the Bill »
Outcome
History
Date | Action |
---|---|
01/14/2009 | Committee |
01/14/2009 | Prefiled and ordered printed; offered 01/14/09 090534432 |
01/14/2009 | Referred to Committee on Health, Welfare and Institutions |
01/29/2009 | Reported from Health, Welfare and Institutions with substitute (21-Y 0-N) (see vote tally) |
01/29/2009 | Committee substitute printed 094137432-H1 |
01/30/2009 | Read first time |
02/02/2009 | Passed by for the day |
02/03/2009 | Passed by for the day |
02/04/2009 | Read second time |
02/04/2009 | Committee substitute rejected 094137432-H1 |
02/04/2009 | Floor substitute printed 094143432-H2 (Bell) |
02/04/2009 | Substitute by Delegate Bell agreed to 094143432-H2 |
02/04/2009 | Passed by for the day |
02/05/2009 | Engrossed by House - floor substitute with amendments HB2396EH1 |
02/05/2009 | Read second time |
02/05/2009 | Passed by temporarily |
02/05/2009 | Amendments #1-6 by Delegate Bell agreed to |
02/05/2009 | Amendments #7-10 by Delegate Bell agreed to |
02/05/2009 | Amendment #11 by Delegate Bell agreed to |
02/05/2009 | Amendments by Delegate Armstrong rejected |
02/05/2009 | Amendment by Delegate Armstrong agreed to |
02/05/2009 | Amendment by Delegate Janis agreed to |
02/05/2009 | Engrossed by House - floor substitute with amendments HB2396EH2 |
02/05/2009 | Printed as engrossed 094143432-EH2 |
02/06/2009 | Read third time and passed House (97-Y 0-N) |
02/06/2009 | VOTE: --- PASSAGE (97-Y 0-N) (see vote tally) |
02/09/2009 | Constitutional reading dispensed |
02/09/2009 | Referred to Committee on Education and Health |
02/19/2009 | Reported from Education and Health with substitute (15-Y 0-N) (see vote tally) |
02/19/2009 | Committee substitute printed 099301432-S1 |
02/20/2009 | Constitutional reading dispensed (39-Y 0-N) (see vote tally) |
02/23/2009 | Read third time |
02/23/2009 | Reading of substitute waived |
02/23/2009 | Committee substitute agreed to 099301432-S1 |
02/23/2009 | Engrossed by Senate - committee substitute HB2396S1 |
02/23/2009 | Passed Senate with substitute (40-Y 0-N) (see vote tally) |
02/24/2009 | Placed on Calendar |
02/25/2009 | Senate substitute rejected by House (1-Y 95-N) |
02/25/2009 | VOTE: --- REJECTED (1-Y 95-N) (see vote tally) |
02/26/2009 | Senate insisted on substitute (34-Y 4-N) (see vote tally) |
02/26/2009 | Senate requested conference committee |
02/26/2009 | House acceded to request |
02/26/2009 | Conferees appointed by House |
02/26/2009 | Delegates: Bell, Janis, BaCote |
02/26/2009 | Conferees appointed by Senate |
02/26/2009 | Senators: Whipple, Northam, Quayle |
02/28/2009 | Conference substitute printed 093296432-H3 |
02/28/2009 | Conference report agreed to by House (97-Y 0-N) |
02/28/2009 | VOTE: --- ADOPTION (97-Y 0-N) (see vote tally) |
02/28/2009 | Conference report agreed to by Senate (40-Y 0-N) (see vote tally) |
03/09/2009 | Enrolled |
03/09/2009 | Bill text as passed House and Senate (HB2396ER) |
03/09/2009 | Signed by President |
03/11/2009 | Signed by Speaker |
03/12/2009 | Impact statement from DPB (HB2396ER) |
03/27/2009 | G Approved by Governor-Chapter 211 (effective 7/1/09) |
03/27/2009 | G Acts of Assembly Chapter text (CHAP0211) |
Comments
The advance directive parts are good, but the parts for forcibly treating a protesting patient remind me of something from "One Flew Over The Cuckoo's Nest" or "1984." Really, aren't we better than this? Let's not go back to the 1940's
This part: (ii) aims to increase scientific understanding of any condition that the declarant may have or otherwise to promote human well-being, even though it offers no prospect of direct benefit to the patient.
should not even be in an advanced directive, it's a violaton of the Nuremberg code for an incapacitated person to participate in research without informed consent by THEM, not anyone else.
This bill does not protect terminal patients from experimentationsufficently. It allows for verbal consent to experimentation not intended for the benefit of the patient if the patient is terminal. There is no check to see if the person who is dying has truly consented if there is no signature and no witness required.
There also is not sufficient protection from people signing advanced directives full of boilerplate and not realizing this clause is in their advanced directive. If this bad bill passes it should at the very least require an affirmative check off box that the signer agrees to give this power to their medical power of attorney. This is a dangerous bill for all people who will someday be incapacitated. Which is almost all of us unless we die suddenly.
Sunlight really should put the updated version of this bill up. There have been significant changes
I'm awfully glad that you mentioned that, Art. Richmond Sunlight is totally automated—nobody ever "puts up" anything. So when a new version of a bill is filed, it should appear on Richmond Sunlight within the hour. It turns out that there was a bug in my code that prevented the text of some bills from being updated if more than two versions had been filed. I've gotten that fixed now. Thanks for mentioning it!