Senate BillNo. 1357


Introduced by Senator Wolk

February 21, 2014


An act to amend Section 4780 of the Probate Code, relating to health care decisions.

LEGISLATIVE COUNSEL’S DIGEST

SB 1357, as introduced, Wolk. Resuscitative measures.

Existing law defines a request regarding resuscitative measures as a written document, signed by an individual with capacity, or a legally recognized health care decisionmaker, and the individual’s physician, directing a health care provider regarding resuscitative measures. Existing law distinguishes a request regarding resuscitative measures from an advance health care directive.

This bill would make nonsubstantive changes in these provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 4780 of the Probate Code is amended to
2read:

3

4780.  

(a) As used in this part:

4(1) “Request regarding resuscitative measures” means a written
5document, signed bybegin delete (A)end delete an individual with capacity, or a legally
6recognized health care decisionmaker, andbegin delete (B)end delete the individual’s
7physician, that directs a health care provider regarding resuscitative
8measures. A request regarding resuscitative measures is not an
9advance health care directive.

P2    1(2) “Request regarding resuscitative measures” includes one,
2or both of, the following:

3(A) A prehospital “do not resuscitate” form as developed by
4the Emergency Medical Services Authority or other substantially
5similar form.

6(B) A Physician Orders for Life Sustaining Treatment form, as
7approved by the Emergency Medical Services Authority.

8(3) “Physician Orders for Life Sustaining Treatment form”
9means a request regarding resuscitative measures that directs a
10health care provider regarding resuscitative and life-sustaining
11measures.

12(b) A legally recognized health care decisionmaker may execute
13the Physician Orders for Life Sustaining Treatment form only if
14the individual lacks capacity, or the individual has designated that
15the decisionmaker’s authority is effective pursuant to Section 4682.

16(c) The Physician Orders for Life Sustaining Treatment form
17and medical intervention and procedures offered by the form shall
18be explained by a health care provider, as defined in Section 4621.
19The form shall be completed by a health care provider based on
20patient preferences and medical indications, and signed by a
21physician and the patient or his or her legally recognized health
22care decisionmaker. The health care provider, during the process
23of completing the Physician Orders for Life Sustaining Treatment
24form, should inform the patient about the difference between an
25advance health care directive and the Physician Orders for Life
26Sustaining Treatment form.

27(d) An individual having capacity may revoke a Physician
28Orders for Life Sustaining Treatment form at any time and in any
29manner that communicates an intent to revoke, consistent with
30Section 4695.

31(e) A request regarding resuscitative measures may also be
32evidenced by a medallion engraved with the words “do not
33resuscitate” or the letters “DNR,” a patient identification number,
34and a 24-hour toll-free telephone number, issued by a person
35pursuant to an agreement with the Emergency Medical Services
36Authority.



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