Bill > SB1536

This bill, known as the Designated Health Care Decision-Maker Act, establishes a framework for appointing individuals to make health care decisions for incapacitated persons who haven't already designated a decision-maker through other legal means like a durable power of attorney or guardianship. The Act defines key terms such as "artificially supplied nutrition and hydration" (medical procedures to provide food and fluids via tubes or intravenously), "best interests" (promoting the patient's health, ensuring equal care, and preventing discrimination), "designated health care decision-maker" (a person appointed under this Act, distinct from a guardian or agent under a power of attorney), "disability" (as defined by the Americans with Disabilities Act), "health care" (broadly including medical treatments, assisted living, and rehabilitation), "health care facility" (licensed entities providing care), "health care provider" (licensed individuals providing care), "incapacitated" (unable to make decisions due to a physical or mental condition), "patient" (an adult or someone legally authorized to make their own decisions), "physician" (a licensed medical doctor), and "reasonable medical judgment" (decisions a prudent physician would make). The Act outlines a priority list of individuals who can serve as a designated health care decision-maker, starting with the spouse and moving through adult children, parents, siblings, and other relatives, and finally to a close non-relative or a person mutually agreed upon by others. It also specifies circumstances under which a person would be excluded from this role, such as if they are the subject of a substantiated abuse or neglect report, are unavailable or unwilling to make decisions, or if their involvement contradicts the patient's prior clear instructions. The Act emphasizes that decisions must be made in the patient's best interests and in accordance with their known preferences, and it provides a mechanism for petitioning the probate court if there are disagreements about care or if a guardian is needed. Importantly, it clarifies that this Act does not authorize euthanasia or mercy killing, nor does it permit any deliberate act to end a person's life, but rather allows for natural death.

Health and Social Services

https://www.senate.mo.gov/26info/BTS_Web/Bill.aspx?SessionType=R&BillID=626313