Bill Text: MI HB5076 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Health; other; procedure to withhold or withdraw a life-sustaining treatment; establish to require physician and hospital to obtain the consent of certain persons. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding secs. 17019, 17519 & 20407.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-10-11 - Bill Electronically Reproduced 10/10/2017 [HB5076 Detail]
Download: Michigan-2017-HB5076-Introduced.html
HOUSE BILL No. 5076
October 10, 2017, Introduced by Reps. Noble, Johnson, Vaupel, Leutheuser, Kahle, Marino, Lucido, Kelly, Cole, Glenn, Brann, Victory, Crawford, Howrylak, VanderWall and Howell and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding sections 17019, 17519, and
20407.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17019. (1) A physician shall not issue a medical order,
orally or in writing, to withhold or withdraw life-sustaining
treatment from a patient or to not resuscitate a patient without
first obtaining the consent of 1 of the following:
(a) The patient.
(b) If the patient is a minor, a parent of the minor.
(c) If the patient has designated a patient advocate and is
unable to participate in medical treatment decisions, subject to
section 5509(1)(e) of the estates and protected individuals code,
1998 PA 386, MCL 700.5509, the patient advocate.
(d) If the patient is a ward for whom a guardian has been
appointed, the guardian.
(2) As used in this section:
(a) "Guardian" means a person who has qualified as a guardian
of a minor or a legally incapacitated individual under a court
order issued under section 5204, 5205, or 5306 of the estates and
protected individuals code, 1998 PA 386, MCL 700.5204, 700.5205,
and 700.5306.
(b) "Life-sustaining treatment" means a medical procedure,
medication, hydration, or nutrition that, if withheld or withdrawn,
would in a physician's reasonable medical judgment directly result
in or intentionally hasten a patient's death.
(c) "Patient advocate" means that term as described and used
in sections 5506 to 5515 of the estates and protected individuals
code, 1998 PA 386, MCL 700.5506 to 700.5515.
Sec. 17519. (1) A physician shall not issue a medical order,
orally or in writing, to withhold or withdraw life-sustaining
treatment from a patient or to not resuscitate a patient without
first obtaining the consent of 1 of the following:
(a) The patient.
(b) If the patient is a minor, a parent of the minor.
(c) If the patient has designated a patient advocate and is
unable to participate in medical treatment decisions, subject to
section 5509(1)(e) of the estates and protected individuals code,
1998 PA 386, MCL 700.5509, the patient advocate.
(d) If the patient is a ward for whom a guardian has been
appointed, the guardian.
(2) As used in this section:
(a) "Guardian" means a person who has qualified as a guardian
of a minor or a legally incapacitated individual under a court
order issued under section 5204, 5205, or 5306 of the estates and
protected individuals code, 1998 PA 386, MCL 700.5204, 700.5205,
and 700.5306.
(b) "Life-sustaining treatment" means a medical procedure,
medication, hydration, or nutrition that, if withheld or withdrawn,
would in a physician's reasonable medical judgment directly result
in or intentionally hasten a patient's death.
(c) "Patient advocate" means that term as described and used
in sections 5506 to 5515 of the estates and protected individuals
code, 1998 PA 386, MCL 700.5506 to 700.5515.
Sec. 20407. (1) A health facility or agency shall not
implement a medical order to withhold or withdraw life-sustaining
treatment from a patient or resident or to not resuscitate a
patient or resident without first obtaining the consent of 1 of the
following:
(a) The patient or resident.
(b) If the patient or resident is a minor or ward, a parent or
legal guardian of the patient or resident.
(c) If the patient or resident has designated a patient
advocate and is unable to participate in medical treatment
decisions, subject to section 5509(1)(e) of the estates and
protected individuals code, 1998 PA 386, MCL 700.5509, the patient
advocate.
(2) As used in this section:
(a) "Life-sustaining treatment" means a medical procedure,
medication, hydration, or nutrition that, if withheld or withdrawn,
would in a physician's reasonable medical judgment directly result
in or intentionally hasten a patient's or resident's death.
(b) "Patient advocate" means that term as described and used
in sections 5506 to 5515 of the estates and protected individuals
code, 1998 PA 386, MCL 700.5506 to 700.5515.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.