BILL NUMBER: AB 2805	CHAPTERED  09/28/06

	CHAPTER  579
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2006
	PASSED THE ASSEMBLY  AUGUST 30, 2006
	PASSED THE SENATE  AUGUST 29, 2006
	AMENDED IN SENATE  AUGUST 28, 2006
	AMENDED IN SENATE  JUNE 29, 2006
	AMENDED IN ASSEMBLY  MAY 17, 2006
	AMENDED IN ASSEMBLY  MAY 11, 2006
	AMENDED IN ASSEMBLY  MARCH 27, 2006

INTRODUCED BY   Assembly Member Blakeslee
   (Coauthor: Senator Bowen)

                        FEBRUARY 24, 2006

   An act to amend Section 4673 of the Probate Code, relating to
advanced health care directives, and declaring the urgency thereof,
to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2805, Blakeslee  Advanced health care directives.
   Existing law provides that a written advanced health care
directive is legally sufficient if it meets certain requirements,
including the requirement that the directive is signed either by the
patient or in the patient's name by another adult in the patient's
presence and at the patient's direction. Existing law also requires
that the directive be acknowledged by a notary public or signed by
two witnesses, as specified.
   This bill would provide that an electronic advance health care
directive or a power of attorney for health care is legally
sufficient if the existing requirements for directives are satisfied,
the directive is acknowledged before a notary public, and any
digital signatures used meet specified requirements.
  This bill would declare that it is to take effect immediately as an
urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 4673 of the Probate Code is amended to read:
   4673.  (a) A written advance health care directive is legally
sufficient if all of the following requirements are satisfied:
    (1) The advance directive contains the date of its execution.
    (2) The advance directive is signed either by the patient or in
the patient's name by another adult in the patient's presence and at
the patient's direction.
    (3) The advance directive is either acknowledged before a notary
public or signed by at least two witnesses who satisfy the
requirements of Sections 4674 and 4675.
   (b) An electronic advance health care directive or power of
attorney for health care is legally sufficient if the requirements in
subdivision (a) are satisfied, except that for the purposes of
paragraph (3) of subdivision (a), an acknowledgment before a notary
public shall be required, and if a digital signature is used, it
meets all of the following requirements:
   (1) The digital signature either meets the requirements of Section
16.5 of the Government Code and Chapter 10 (commencing with Section
22000) of Division 7 of Title 2 of the California Code of Regulations
or the digital signature uses an algorithm approved by the National
Institute of Standards and Technology.
   (2) The digital signature is unique to the person using it.
   (3) The digital signature is capable of verification.
   (4) The digital signature is under the sole control of the person
using it.
   (5) The digital signature is linked to data in such a manner that
if the data are changed, the digital signature is invalidated.
   (6) The digital signature persists with the document and not by
association in separate files.
   (7) The digital signature is bound to a digital certificate.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to ensure that the end-of-life decisions of individuals
who use digital signatures to sign advanced health care directive are
honored and legally valid, it is necessary that this act take effect
immediately.