Bill Text - HB1217 (2012)

Relative to the form for executing advance directives for health care decisions.


Revision: Dec. 14, 2011, midnight

HB 1217 – AS INTRODUCED

2012 SESSION

12-2029

01/10

HOUSE BILL 1217

AN ACT relative to the form for executing advance directives for health care decisions.

SPONSORS: Rep. Itse, Rock 9; Rep. C. McGuire, Merr 8; Rep. D. McGuire, Merr 8; Rep. Ingbretson, Graf 5

COMMITTEE: Judiciary

ANALYSIS

This bill allows alternate forms to be used for advance directives for health care decisions.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2029

01/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to the form for executing advance directives for health care decisions.

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 provide freedom of choice in advance directives supporting Part 1, Article 1 of the New Hampshire constitution and the New Hampshire Republican Platform Article VIII.

2 Advance Directives; Use of Statutory Forms. Amend RSA 137-J:13, I and II to read as follows:

I. Every person wishing to execute an advance directive in the form set forth in RSA 137-J:20 shall be provided with a disclosure statement substantially in the form set forth in RSA 137-J:19 prior to execution. The principal shall be required to sign a statement acknowledging that he or she has received the disclosure statement and has read and understands its contents.

II. An advance directive executed on or after the effective date of this chapter [shall be substantially] may be in the form set forth in RSA 137-J:20 or other form of the principal’s choice.

3 Advance Directives; Durable Power of Attorney; Disclosure Statement. Amend the introductory paragraph of RSA 137-J:19 to read as follows:

The disclosure statement which must accompany a durable power of attorney for health care using the form provided in RSA 137-J:20 shall be in substantially the following form:

4 Advance Directives; Durable Power of Attorney and Living Will; Form. Amend the introductory paragraph of RSA 137-J:20 to read as follows:

An advance directive in its individual “Durable Power of Attorney for Healthcare”; and “Living Will”; components [shall be in substantially the following form] may be in the following form or other form of the principal’s choice:

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