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Session Laws, 1993
Volume 772, Page 3312   View pdf image
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S.B. 664

VETOES

(C) GUIDELINES STANDARDS FOR SURROGATES. (1) ANY PERSON
AUTHORIZED TO MAKE HEALTH CARE DECISIONS FOR ANOTHER UNDER THIS
SUBTITLE SECTION SHALL BASE THOSE DECISIONS ON THE WISHES AND VALUES OF
THE PATIENT AS KNOWN BY THE SURROGATE AND, IF THE WISHES OF THE PATIENT
ARE UNKNOWN OR UNCLEAR, ON THE PATIENT'S BEST INTERESTS INTEREST.

(2) IN DETERMINING WHAT IS IN THE PATIENT'S BEST INTEREST A
SURROGATE SHALL CONSIDER:

(I) THE PROGNOSIS OF THE PATIENT FOR RECOVERY;

(II) THE RISKS, BENEFITS, AND BURDENS OF ANY PROPOSED
PROCEDURE, AND THE ALTERNATIVES TO ANY PROPOSED PROCEDURE; AND

(III) THE RELIGIOUS BELIEFS AND BASIC VALUES OF THE PATIENT
RECEIVING TREATMENT.

(2)      IN DETERMINING THE WISHES OF THE PATIENT, AN AGENT OR A
SURROGATE SHALL CONSIDER THE PATIENT'S:

  (I) CURRENT DIAGNOSIS AND PROGNOSIS WITH AND WITHOUT
THE TREATMENT AT ISSUE;

(II)     EXPRESSED PREFERENCES REGARDING THE PROVISION OF.
OR THE WITHHOLDING OR WITHDRAWAL OF, THE SPECIFIC TREATMENT AT ISSUE
OR OF SIMILAR TREATMENTS;

(III)    RELEVANT RELIGIOUS AND MORAL BELIEFS AND PERSONAL
VALUES;

(IV)    BEHAVIOR, ATTITUDES, AND PAST CONDUCT WITH RESPECT
TO THE TREATMENT AT ISSUE AND MEDICAL TREATMENT GENERALLY:

(V)      REACTIONS TO THE PROVISION OF, OR THE WITHHOLDING OR
WITHDRAWAL OF, A SIMILAR TREATMENT FOR ANOTHER INDIVIDUAL: AND

(VI)    EXPRESSED CONCERNS ABOUT THE EFFECT ON THE FAMILY
OR INTIMATE FRIENDS OF THE PATIENT IF A TREATMENT WERE PROVIDED,
WITHHELD, OR WITHDRAWN. .

(3)      A SURROGATE MAY NOT CONSIDER A PATIENT'S LONG TERM
PREEXISTING MENTAL OR PHYSICAL DISABILITY AS A FACTOR WHEN DECIDING
WHETHER TO WITHHOLD OR WITHDRAW LIFE PROLONGING PROCEDURES.

(3)      THE DECISION OF A SURROGATE REGARDING WHETHER
LIFE-SUSTAINING PROCEDURES SHOULD BE PROVIDED, WITHHELD, OR
WITHDRAWN MAY NOT BE BASED, IN WHOLE OR IN PART, ON EITHER A PATIENT'S
PREEXISTING, LONG-TERM MENTAL OR PHYSICAL DISABILITY, OR A PATIENT'S
ECONOMIC DISADVANTAGE.

(4)      A SURROGATE SHALL INFORM THE PATIENT, TO THE EXTENT
POSSIBLE, OF THE PROPOSED PROCEDURE AND THE FACT THAT SOMEONE ELSE IS
AUTHORIZED TO MAKE A DECISION REGARDING THAT PROCEDURE.

- 3312 -

 

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Session Laws, 1993
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