Bill Text - HB1216 (2012)

Relative to the authority for withholding or withdrawal of life-sustaining treatment.


Revision: March 16, 2012, midnight

HB 1216 – AS AMENDED BY THE HOUSE

14Mar2012… 0952h

2012 SESSION

12-2028

01/05

HOUSE BILL 1216

AN ACT relative to the authority for withholding or withdrawal of life-sustaining treatment.

SPONSORS: Rep. Itse, Rock 9; Rep. Ingbretson, Graf 5

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill clarifies the protocol of the facility regarding authority for withholding or withdrawal of life-sustaining treatment from a legally incapacitated person.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

14Mar2012… 0952h

12-2028

01/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to the authority for withholding or withdrawal of life-sustaining treatment.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Statement of Intent. The intent of this act is to restore protection of the disabled supporting Part 1, Article 2 of the New Hampshire Constitution and the New Hampshire Republican Party Platform, Article VIII.

2 Advance Directives; Withholding or Withdrawal of Life-Sustaining Treatment. Amend RSA 137-J:10, IV(b) to read as follows:

(b) The withholding or withdrawing of medically administered nutrition and hydration or life-sustaining treatment from a [mentally incompetent or developmentally disabled] legally incapacitated person, unless such person has a validly executed advance directive or such action is authorized by an existing guardianship or other court order[, or such action is taken in accordance with the facility’s standard protocol as applicable to its general patient population] instructing otherwise, or unless such nutrition and hydration or life-sustaining treatment would be physically harmful or would hasten death.

3 Effective Date. This act shall take effect January 1, 2013.