Bill Text: MI SB0597 | 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) 2017-09-28 - Referred To Committee On Oversight [SB0597 Detail]

Download: Michigan-2017-SB0597-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 597

 

 

September 28, 2017, Introduced by Senators PROOS, KNOLLENBERG, BOOHER, PAVLOV, ZORN, STAMAS, COLBECK, BRANDENBURG, MARLEAU, HANSEN, GREEN, MACGREGOR, HILDENBRAND, EMMONS, ROBERTSON and MEEKHOF and referred to the Committee on Oversight.

 

 

     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medication, hydration, or nutrition that, if withheld or withdrawn,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.

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