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ME LD410

ME LD410
An Act to Require Parental Consent to Withhold Life-sustaining Measures for a Minor or to Comply with a Do-not-resuscitate Order for a Minor


summary

Introduced
02/04/2025
In Committee
02/04/2025
Crossed Over
Passed
Dead
03/20/2025

Introduced Session

132nd Legislature

Bill Summary

This bill prohibits health care practitioners, health care providers and facilities such as nursing homes, hospitals and children's homes from withholding life-sustaining measures or instituting a do-not-resuscitate order for an unemancipated minor without the written consent of a parent or legal guardian of the minor. Health care practitioners, health care providers and facilities may not hinder a parent or legal guardian of a minor to seek another medical opinion or transfer the minor to another health care provider or facility and are required to continue providing life-sustaining measures until the transfer, continue to allow access to the minor and the minor's medical records and inform the parent or legal guardian of any policies regarding resuscitation, life-sustaining measures or measures considered nonbeneficial, ineffective, futile or inappropriate for patients or residents. The bill provides that there is a presumption that the continuation of life is in a minor's best interest and that the parental or legal guardian authority does not end and the authority of a court to order the withdrawal of life-sustaining measures from a minor does not take precedence over the objections of a parent or legal guardian of the minor unless there is destruction of the circulatory and respiratory systems and the entire brain of the minor.

AI Summary

This bill establishes new legal requirements regarding parental consent for medical decisions involving minors, specifically focusing on life-sustaining measures and do-not-resuscitate (DNR) orders. The legislation prohibits healthcare practitioners, providers, and facilities from withholding life-sustaining treatment or instituting a DNR order for an unemancipated minor without explicit written consent from a parent or legal guardian. The bill defines key terms such as "minor" (a person under 18 who is unemancipated and not on active military duty) and "do-not-resuscitate order" (an order to not use cardiopulmonary resuscitation if the minor's heart or breathing stops). Healthcare providers must continue life-sustaining measures if a parent requests a transfer, provide immediate access to the minor and medical records, and disclose any policies regarding medical treatments. The bill creates a strong presumption that continuing life is in the minor's best interest and maintains parental authority in medical decision-making, with the only exception being cases of complete and irreversible destruction of the circulatory, respiratory, and brain systems. Additionally, parents can revoke previous consent in writing, and providers must make documented efforts to contact parents within 72 hours if they cannot immediately obtain consent.

Committee Categories

Justice

Sponsors (6)

Last Action

Ought Not to Pass Pursuant To Joint Rule 310, Mar 20, 2025 (on 03/20/2025)

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