07 LC 33
2031S
The House Committee on Judiciary offers the following substitute to HB
235:
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 for additional
persons that shall be authorized to consent to surgical or medical treatment on
behalf of an incapacitated person; to provide for immunity; 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.
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 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.;
(E)
Any niece or nephew for his or her aunt or uncle, any aunt or uncle for his or
her niece or nephew, or any cousin for his or her cousin; or
(F)
In the absence of an ability to locate any individual under subparagraphs (A)
through (E) of this paragraph after a good faith search, a competent adult who
presents an affidavit to the health care facility or to the attending or
treating physician stating that he or she specifically meets all requirements as
a competent adult. For purposes of this subparagraph, 'competent adult' means
any person 18 years of age or older who has exhibited special care and concern
for the patient, who is familiar with the patient´s personal values, who is
reasonably available to become involved in the patient´s health care, and
who did not and does not receive any compensation from the patient.
(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.
(d)(1)
A health care provider or institution acting in good faith and in accordance
with generally accepted health care standards applicable to the health care
provider or institution shall not be subject to civil or criminal liability or
to discipline for unprofessional conduct for:
(A)
Complying with a health care decision of a person apparently having authority to
make a health care decision for a patient pursuant to subparagraph (a)(6)(F) of
this Code section, including a decision to withhold or withdraw health care;
or
(B)
Declining to comply with a health care decision of a person based on a belief
that the person then lacked authority.
(2)
An individual acting as agent for a patient under subparagraph (a)(6)(F) of this
Code section shall not be subject to civil or criminal liability or to
discipline for unprofessional conduct for health care decisions made in good
faith."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.