BILL ANALYSIS AB 891 Page 1 ASSEMBLY THIRD READING AB 891 (Alquist) As Amended April 27, 1999 Majority vote JUDICIARY 10-3 APPROPRIATIONS 17-4 ----------------------------------------------------------------- |Ayes:|Kuehl, Ackerman, Aroner, |Ayes:|Migden, Corbett, Davis, | | |Robert Pacheco, Corbett, | |Granlund, Hertzberg, | | |Jackson, Knox, Longville, | |Kuehl, Ackerman, Papan, | | |Shelley, Wiggins | |Aroner, Shelley, | | | | |Steinberg, Thomson, | | | | |Wesson, Wiggins, Wright, | | | | |Zettel, Longville | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|House, McClintock, |Nays:|Brewer, Ashburn, | | |Strickland | |Campbell, Runner | | | | | | ----------------------------------------------------------------- SUMMARY : Streamlines and updates the provisions governing health care decisions for adults without decisionmaking capacity. Specifically, this bill repeals the provisions governing durable powers of attorney for health care and the Natural Death Act, and revises and recasts these provisions as part of a new Health Care Decisions Law which, among other things, does the following: 1)Creates a new advance health care directives scheme which authorizes an adult having capacity to either make an oral or written "individual health care instruction" which provides direction concerning a health care decision for the patient, or to appoint an agent through a power of attorney for health care, or both. The individual instruction may be limited by the patient to take effect only if specified conditions arise. 2)Creates a new "power of attorney for health care (PAHC)" mechanism which continues many of the existing provisions governing durable powers of attorney for health care, except for the following key changes: a) Witnesses are recommended, but not required, in order to execute the instrument (unless the individual is a patient in a skilled nursing facility at the time the advance AB 891 Page 2 directive is executed, in which case the existing requirement for either two witnesses or notarization is maintained); b) The statutory requirement that PAHC state the date of its execution is deleted, consistent with the laws governing wills and trusts; c) Statutorily required warnings are deleted in favor of an introductory explanation of the purpose and effect of an advance health care directive, which is contained on the new optional statutory form; d) Rules regarding revocation are relaxed by providing that a later advance directive revokes a prior advance directive only to the extent of the conflict, rather than having the effect of revoking the prior directive in its entirety as required under current law; and, e) Authorizes the principal (patient) in a PAHC to grant authority to make decisions relating to the personal care of the patient, including, but not limited to, determining where the patient will live, providing meals, hiring household employees, providing transportation, handling mail, and arranging recreation and entertainment. 3)Specifies that the authority of an agent becomes effective only on a determination that the patient lacks capacity and ceases to be effective on a determination that the patient has recovered capacity. Also specifies that the primary physician is to make these capacity determinations unless otherwise specified in PAHC or other written advance health care directive. 4)Requires the primary physician to make determinations whether other conditions exist that may affect an individual health care instruction (e.g., an individual might specify that withdrawal or withholding of treatment that keeps the individual alive may only occur if the individual has an incurable or irreversible condition that will result in the individual's death within a relatively short time), unless the patient specifies otherwise in the instrument. 5)Establishes a uniform standard of decisionmaking for adults without decisionmaking capacity so that the same rules apply AB 891 Page 3 whether the decisionmaker is an agent under a PAHC, another surrogate appointed by the patient, a conservator or a court. In each instance, the surrogate is required to make decisions in accordance with the patient's individual health care instructions, if any, and other wishes of the patient to the extent known to the surrogate. Otherwise, the surrogate shall make the decision in accordance with the best interests of the patient. In determining the patient's best interest, the surrogate shall consider the patient's personal values to the extent known to the surrogate. FISCAL EFFECT : Unknown COMMENTS : This bill, sponsored by the California Law Revision Commission, proposes a new Health Care Decisions Law which consolidates the Natural Death Act and the durable power of attorney for health care. Drawing heavily on the Uniform Health-Care Decisions Act of 1993, this bill includes new rules governing individual health care instructions, and provides a new optional statutory form for advance health care directives. According to the sponsor, conforming changes in the procedures for obtaining court authorizations for medical treatment would make clear that courts in proper cases have the same authority as other surrogates to make health care decisions, including withholding or withdrawal of life-sustaining treatment. Similarly, the statute governing decisionmaking by conservators for patients who have been adjudicated to lack the capacity to make health care decisions are conformed to the standards governing other health care surrogates. Analysis Prepared by : Daniel Pone / JUD. / (916) 319-2334 FN: 0000953