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