07 LC
33 1774
House
Bill 235
By:
Representatives Shipp of the
58th,
Tumlin of the
38th,
Porter of the
143rd,
Cooper of the
41st,
Hugley of the
133rd,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating
to consent for surgical or medical treatment, so as to provide that a surrogate
decision-making panel shall be included as a last resort entity that is
authorized to consent to surgical or medical treatment on behalf of an
incapacitated person; to provide for legislative findings; to provide for the
establishment of surrogate decision-making panels; to provide for ad hoc
hospital committees; to provide for immunity; to provide for compliance with
federal privacy law; to provide for related matters; to provide for an effective
date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
The
General Assembly finds that all persons in this state should have access to
proper health care in a timely manner. The General Assembly further finds that
many hospitals in Georgia are faced with the dilemma of treating an
incapacitated patient for which no one can be located to make health care
decisions on behalf of such patient. It is further found that it would be in
the best interests and health of such patient to establish a designee of last
resort to make health care decisions on behalf of an incapacitated person for
which no agent or family member can be found.
SECTION
2.
Chapter
9 of Title 31 of the Official Code of Georgia Annotated, relating to consent for
surgical or medical treatment, is amended by revising Code Section 31-9-2,
relating to persons authorized to consent to surgical or medical treatment, as
follows:
"31-9-2.
(a)
In addition to such other persons as may be authorized and empowered, any one of
the following persons
or
entities is authorized and empowered to
consent, either orally or otherwise, to any surgical or medical treatment or
procedures not prohibited by law which may be suggested, recommended,
prescribed, or directed by a duly licensed physician:
(1)
Any adult, for himself
or
herself, whether by living will or
otherwise;
(1.1)
Any person authorized to give such consent for the adult under a health care
agency complying with Chapter 36 of Title 31, the 'Durable Power of Attorney for
Health Care Act';
(2)
In the absence or unavailability of a living spouse, any parent, whether an
adult or a minor, for his
or
her minor child;
(3)
Any married person, whether an adult or a minor, for himself
or
herself and for his
or
her spouse;
(4)
Any person temporarily standing in loco parentis, whether formally serving or
not, for the minor under his
or
her care; and any guardian, for his
or
her ward;
(5)
Any female, regardless of age or marital status, for herself when given in
connection with pregnancy, or the prevention thereof, or
childbirth;
(6)
Upon the inability of any adult to consent for himself
or
herself and in the absence of any person
to consent under paragraphs (2) through (5) of this subsection, the following
persons in the following order of priority:
(A)
Any adult child for his
or
her parents;
(B)
Any parent for his
or
her adult child;
(C)
Any adult for his
or
her brother or sister;
or
(D)
Any grandparent for his
or
her
grandchild.;
or
(7)
Upon the inability of any adult to consent for himself or herself and in the
absence of any person to consent under paragraphs (2) through (6) of this
subsection, a surrogate decision-making panel, as established in Code Section
31-9-8.
(b)
Any person authorized and empowered to consent under subsection (a) of this Code
section shall, after being informed of the provisions of this Code section, act
in good faith to consent to surgical or medical treatment or procedures which
the patient would have wanted had the patient understood the circumstances under
which such treatment or procedures are provided.
(c)
For purposes of this Code section, 'inability of any adult to consent for
himself or
herself' shall mean a determination in the
medical record by a licensed physician after the physician has personally
examined the adult that the adult 'lacks sufficient understanding or capacity to
make significant responsible decisions' regarding his
or
her medical treatment or the ability to
communicate by any means such decisions."
SECTION
3.
Said
chapter is further amended by inserting a new Code section to read as
follows:
"31-9-8.
(a)
The Department of Human Resources shall establish and maintain four regional
surrogate decision-making panels for the purpose of making health care decisions
on behalf of incapacitated persons in the absence of any person to consent on
such persons´ behalf pursuant to Code Section 31-9-2. Each surrogate
decision-making panel shall be composed of community volunteers,
businesspersons, attorneys, and others, as determined by the department. The
commissioner of human resources shall appoint such panel members, who shall
serve at the pleasure of the commissioner. County boards of health shall be
authorized to make recommendations to the commissioner for his or her
consideration. Panel members shall serve without pay but shall receive standard
state per diem for expenses and receive standard travel allowance while
convening and while in the discharge of his or her responsibilities. The panels
are authorized to utilize technology and other forms of communication which are
determined to be the most efficient means to perform their duties.
(b)
Within 24 hours of knowledge that no authorized person can be located to consent
to surgical or medical treatment on behalf of an incapacitated patient in a
hospital in this state, such hospital shall establish and convene an
interdisciplinary ad hoc committee to be composed of medical staff, ethicists,
clergy, hospital administrators, and the treating physician. Within such 24
hours, the ad hoc committee shall review the patient´s medical record and
shall make a referral to the appropriate surrogate decision-making panel
accompanied by immediate transmittal of the patient´s medical record. The
surrogate decision-making panel shall make any decisions relating to the
patient´s surgical or medical treatment, as provided in Code Section
31-9-2, within 48 hours of receiving the referral, based on the best information
reasonably available to the panel. After convening the ad hoc committee but
prior to the panel´s recommendation, such patient´s care shall be
determined through a two physician recommendation process with the consent of
the ad hoc committee; provided, however, that surgical or medical treatment may
be provided pursuant to Code Section 31-9-3 in the event of an
emergency.
(c)
If at any time a person authorized to consent to surgical or medical treatment
on behalf of the incapacitated patient becomes available, the ad hoc committee
shall immediately disband and the surrogate decision-making panel shall cease
any review or involvement in the patient´s care.
(d)
Any ad hoc committee member or surrogate decision-making panel member who in
good faith participates in the health care decisions of an incapacitated patient
pursuant to this Code section shall be immune from any civil or criminal
liability that might otherwise be incurred or imposed.
(e)
All transmissions of medical records pursuant to this Code section shall be
deemed to be in conformity with the privacy and security provisions of the
federal Health Insurance Portability and Accountability Act of 1996, P.L.
104-191."
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.