BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 7, 2015


                           ASSEMBLY COMMITTEE ON JUDICIARY


                                  Mark Stone, Chair


          AB 637  
          (Campos) - As Introduced February 24, 2015


          SUBJECT:  Physician Orders for Life Sustaining Treatment forms


          KEY ISSUE:  SHOULD A NURSE PRACTIONER or PHYSICIAN'S ASSISTANT  
          who is acting under the supervision of a physician and within  
          his or her scope of practice BE AUTHORIZED to sign A PHYSICIAN  
          ORDER FOR LIFE SUSTAINING TREATMENT FORM that also must be  
          signed by either the patient, or the patient's legally  
          recognized health care decisionmaker, and which gives a health  
          care provider information regarding the patient's preferences  
          for use of resuscitative and life-sustaining measures?


                                      SYNOPSIS


          This modest bill seeks to allow either a nurse practitioner or  
          physician's assistant acting under the supervision of a  
          physician and within his or her scope of practice to sign a  
          Physician Order for Life Sustaining Treatment (POLST) form.  The  
          POLST program has shown itself to be helpful in instructing  
          health care providers about which resuscitative means, if any, a  
          patient would like to be used in a health care emergency.  These  
          standardized orders are designed to assist individuals in  
          fragile or frail health, or those diagnosed with a terminal  
          illness, in communicating their preferences for the type of care  








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          they wish to receive at the end of their lives.  Unlike broad  
          advanced health care directives, which often are not readily  
          available to health care personnel, these model forms allow for  
          specific instructions for what, if any, resuscitative means are  
          to be employed.  In support of the bill, the California Medical  
          Association and other supporters point out that allowing Nurse  
          Practitioners and Physician Assistants to sign POLST forms will  
          make the forms more accessible and available.  Meanwhile, the  
          California Right to Life Committee argues that this bill  
          replaces physicians with health care providers who have a lower  
          level of medical training, makes those new health care providers  
          into end of life care decision makers, and devalues the lives of  
          elderly and vulnerable citizens.


          SUMMARY:  Expands the ability to sign a Physician Order for Life  
          Sustaining Treatment Form to Nurse Practitioners and Physician  
          Assistants.  Specifically, this bill:  


          1)Authorizes a nurse practitioner or a physician assistant to  
            sign a POLST form, completed by a health care provider based  
            on patient preferences and medical indications, with either  
            the patient, or the patient's legally recognized health care  
            decisionmaker under specified circumstances.


          2)Requires that the nurse practitioner or physician assistant  
            who signs such a form to be acting under the supervision of  
            the physician and within the scope of practice authorized by  
            law.


          EXISTING LAW:  


          1)Provides that an advanced health care directive is either a  
            document containing (1) individual health care instruction or  
            (2) a power of attorney for health care.  Existing law further  








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            establishes a process and form for an individual to give  
            instructions about health care decision making and designating  
            an agent to make decisions on his or her behalf.  (Probate  
            Code Sec. 4670 et seq.  All references are to the Probate  
            Code, unless otherwise indicated.)


          2)Requires a request regarding resuscitative orders to be a  
            pre-hospital "Do Not Resuscitate" form, as specified, or an  
            Emergency Medical Services Authority (EMSA) approved POLST  
            form.  (Section 4780.)


          3)Establishes the POLST form and requires the form to be  
            completed by a health care provider based on patient  
            preferences and medical indications, and signed by a physician  
            and the patient or his or her legally recognized health care  
            decision-maker.  (Section 4780.)


          4)Requires the health care provider, during the process of  
            completing the form, to inform the patient about the  
            difference between an advance health care directive and the  
            POLST form.  (Section 4870 et seq.)


          5)Protects a health care provider from liability regarding a  
            resuscitative measures if the health care provider (1)  
            believes in good faith that his or her action is consistent  
            with the applicable law, and (2) has no knowledge that the  
            action or decision would be inconsistent with a health care  
            decision that the individual would have made on his or her own  
            behalf under like circumstances.  (Section 4782.)


          FISCAL EFFECT:  As currently in print this bill is keyed  
          non-fiscal.










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          COMMENTS:  The POLST Paradigm is a clinical process designed to  
          facilitate communication between health care professionals and  
          patients (or their authorized surrogates in cases where the  
          patients themselves do not have the capacity to make health care  
          decisions) who are very ill or very frail.  The process  
          encourages patients and their families to participate in  
          planned, shared, and informed medical decision-making that  
          respects the patients' goals for care in regard to the use of  
          cardiopulmonary resuscitation and other medical interventions.   
          The POLST paradigm promotes the use of a highly visible,  
          portable medical form, known as a POLST form, which transfers  
          from one setting to another with the patient.  It functions as a  
          Do Not Resuscitate order and provides treatment direction for  
          multiple health situations.  The form itself is outcome neutral.  
           Its options range from full treatment to comfort care only.  


          The POLST form is neither an advance directive, nor a  
          replacement for advance directives.  However, like an advance  
          directive, the POLST form is helpful for communicating patient  
          wishes to health care providers.  While an advance directive is  
          a form in which an individual appoints a person or persons to  
          make health care decisions for the individual if and when the  
          individual loses capacity to make health care decisions (health  
          care power of attorney) and/or provides guidance or instructions  
          for making health care decisions (living will), the POLST  
          consists of a set of medical orders that applies to a limited  
          population of patients and addresses a limited number of  
          critical medical decisions.  The POLST form is a complement to  
          advance directives in that it serves as a translation tool for  
          continuity of care.



          As of January 1, 2014, 24 states offered POLST programs.  In the  
          majority of those states (14 of 24), RNs and PAs were allowed to  
          sign a POLST form.  California is one of only nine states that  
          allow only physicians to sign POLST forms.  (New Jersey allows a  








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          physician or "Advanced Practice Nurse" to sign the form.   
          (2H-134(b)(3).)  



          POLST Implementation in California.  As published in an August  
          10, 2012 article in the Journal of General Internal Medicine,  
          Implementation of Physician Orders for Life Sustaining Treatment  
          in Nursing Homes in California: Evaluation of a Novel Statewide  
          Dissemination Mechanism, 82 percent of the 546 California  
          nursing homes responding to a statewide survey of nursing homes  
          reported that their staff received POLST education.  Fifty-nine  
          percent of responding nursing homes reported having a formal  
          policy on POLST.  Two-thirds had admitted a resident with a  
          POLST and 15 percent of newly admitted residents over the past  
          month had a POLST.  Few nursing homes reported difficulty  
          following POLST orders, but 38 percent noted difficulty  
          involving physicians in POLST completion.  


          A 2013 article in the Journal of American Geriatrics Society,  
          Implementing Physician Orders for Life-Sustaining Treatment in  
          California Hospitals: Factors Associated with Adoption,  
          indicates that 65 percent of hospitals which responded to a  
          survey had a policy on POLST.  Eighty-seven percent of the  
          hospitals made POLST forms available, 84 percent had educated  
          staff, and 94 percent reported handling POLST properly in the  
          emergency department upon admission of patients.  Although the  
          POLST form is widely used in California, a significant number of  
          hospitals remain unprepared three years after implementation.  



          Among consumers, a 2010 survey commissioned by the California  
          Healthcare Foundation regarding POLST use in California nursing  
          homes found overall satisfaction with the forms among residents.  
           The survey also revealed that more than one third of nursing  
          homes reported difficulty in obtaining physician participation  
          in POLST completion and having physicians sign the POLST.   








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          (Wenger et al.: POLST Dissemination in California Nursing Homes,  
          J Gen Intern Med 28(1): 51-7;  
           http://www.polst.org/wp-content/uploads/2013/01/wenger_JGIM.pdf  
           )


          ARGUMENTS IN SUPPORT:  In support of the bill, the California  
          Medical Association writes that the POLST improves communication  
          between patients and health care providers:


               POLST also helps patients talk with their healthcare team  
               and loved ones about their choices. In this way, POLST can  
               help reduce patient and family suffering by making sure  
               that patient wishes are known and honored. While patients  
               discuss POLST with other members of the healthcare team,  
               NPs and PAs, in addition to their physician, currently the  
               POLST does not become actionable until signed by both the  
               patient or their health care decision maker and their  
               physician. Therefore, to help increase POLST utilization  
               and availability, this bill allows NPs and PAs under a  
               physician's supervision to also sign POLST forms.




          In support of the bill, the author writes,


               The POLST is viewed by health care professionals as useful,  
               helpful, reliable and most importantly, very effective at  
               ensuring preferences for end-of-life care are honored.  
               Physicians recognize and appreciate the value of the  
               multiple member health care team and support efforts to  
               increase productivity while ensuring quality of care. NPs  
               and PAs are currently having conversations with patients  
               about their end-of-life care options and preferences, and  
               in some instances are able to sign off on other immediately  
               actionable documents under supervision, such as drug orders  








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               and medical certificates. By allowing NPs and PAs under  
               physician supervision to sign POLST forms, this bill will  
               improve end-of-life care by increasing the availability of  
               actionable medical orders for medically indicated care  
               consistent with patient preferences. 


          ARGUMENTS IN OPPOSITION:  The California Right to Life Committee  
          criticizes the bill for "not only replac[ing] the physician with  
          a lower level of medically trained health care decision maker  
          but even further remov[ing] the patient himself from the  
          decision making process by assigning the title of "legally  
          recognized health care decision maker" to nurse practitioners  
          and nursing assistants who will determine when or if this  
          person's life is no longer to be considered worthy of  
          restorative health care treatment."  However, the California  
          Association of Nurse Practitioners points out that "Nurse  
          practitioners (NPs) are advanced practice registered nurses who  
          are licensed by the Board of Registered Nursing and have pursued  
          higher education, either a master's or doctoral degree, and a  
          certification as a NP."  Other supporters, such as the AARP,  
          point out that "health team members such as NPs and PAs . . .   
          are already discussing health care decisions with patients  
          and/or their decision makers regarding the levels of medical  
          intervention identified on the POLST form.  The Right to Life  
          Committee mistakenly assumes that the bill assigns the title of  
          "legally recognized health care decision maker" to nurse  
          practitioners and nursing assistants.  In fact, the decision  
          maker is always the patient himself or herself, except when the  
          patient lacks capacity, in which case the "legally recognized  
          health care decisionmaker" is empowered to make decisions on  
          behalf of the patient.  A legally recognized health care  
          decisionmaker is only allowed to execute the Physician Orders  
          for Life Sustaining Treatment form if and when the patient lacks  
          capacity, or the individual has designated that the  
          decisionmaker's authority is effective pursuant to Section 4682.  
           (Section 4680(b).)  Finally, the California Right to Life  
          Committee is mistaken in its conclusion that it is "nurse  
          practitioners and nursing assistants who will determine when or  








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          if this person's life is no longer to be considered worthy of  
          restorative health care treatment" because physicians do not  
          currently make such decisions for patients and the bill does not  
          propose that RNs and PAs make those decisions in the future.   
          End of life treatment decisions are only made by the patient or,  
          if the patient lacks capacity, a "legally recognized health care  
          decisionmaker," who is likely to be the patient's family member  
          or loved one. 


          Prior Related Legislation:  AB 2452 (Pan, 2014) would have  
          required the Secretary of State (SOS) to establish an electronic  
          process for submittal and retrieval of advance health care  
          directives (AHCDs).  Died in the Senate Judiciary Committee.


          SB 1357 (Wolk, 2014) would have required the California Health  
          and Human Services Agency, on or before January 1, 2016, to  
          establish and operate a statewide registry system, to be known  
          as the California POLST Registry, for the purpose of collecting  
          POLST forms received from health care providers, who would be  
          required to submit the forms to the registry unless a patient or  
          his or her health care decisionmaker chooses not to participate.  
           Died in Senate Appropriations Committee.


          AB 300 (Wolk, Chapter 266, Statutes of 2008) created POLST in  
          California, which is a standardized form to reflect a broader  
          vision of resuscitative or life sustaining requests and to  
          encourage the use of POLST orders to better handle resuscitative  
          or life sustaining treatment consistent with a patient's wishes.


          AB 1676 (Richman, Chapter 434, Statutes of 2005) created the  
          Advance Directives and Terminal Illness Decisions Program, which  
          required the development of information about end of life care,  
          advance health care directives, and registration of the advance  
          health care directives at the Advance Health Care Directive  
          Registry.








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          AB 2442 (Canciamilla, Chapter 882, Statutes of 2004) required  
          the Secretary of State to receive and release a person's advance  
          health care directive and transmit the information to the  
          Advance Health Care Directive Registry of another jurisdiction  
          upon request. 


          AB 891 (Alquist, Chapter 658, Statutes of 2000) established the  
          Health Care Decisions Law which also governs advance health care  
          directives.


          SB 1857 (Watson, Chapter 1280, Statutes of 1994) required the  
          Secretary of State to establish a central registry for power of  
          attorney for health care or a Natural Death Act declaration.   
          This legislation was repealed and replaced by the Health Care  
          Decisions Law.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Medical Association (sponsor)


          AARP


          American College of Emergency Physicians, California Chapter 


          Blue Shield of California








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          California Assisted Living Association


          California Association for Health Services at Home


          California Association of Nurse Practitioners


          California Long-Term Ombudsman Association


          LeadingAge California


          Several individuals




          Opposition


          California Right to Life Committee




          Analysis Prepared by:Alison Merrilees / JUD. / (916) 319-2334
















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