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HB 2122: do-not-resuscitate orders; minors; parental consent |
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PRIME SPONSOR: Representative Barto, LD 15 BILL STATUS: Transmitted to Governor |
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Outlines
provisions on do-not-resuscitate (DNR) orders as it pertains to minors and
communications with the parents and outlines the roles and rights of the
different parties.
History
A.R.S. §§ 36-2271—2284 details the laws that protect minors in regard to public health and safety. The law requires written consent of a parent or legal guardian of a minor before any surgical procedures upon a minor except in the case of an emergency. Mental health screenings in a nonclinical setting cannot be performed upon a minor without the prior written or oral consent of a parent or guardian except in the case of an emergency. The law prohibits the denial of nutrition and medical treatment of minors with the intent to cause or allow the death of an infant for reasons including, but not limited to, disability. Health care institutions are required to report any denial or deprivation of necessary medical or surgical treatment to the administrators and must make available to parents with a newborn child born with a disability any information regarding agencies which are available to provide assistance, information or support.
Provisions
1. Prohibits a provider from implementing a DNR for an unemancipated minor without communicating with at least one of the minor's parents or legal guardian and requires the communication to include a discussion of:
a. The minor's care plan, including implementing a DNR and what the DNR means for the minor; and
b. The rights provided to the parents or guardian regarding transfers and policy requests. (Sec. 1)
2. Requires the communication with the minor's parents or legal guardian be made with a witness present, other than the parents or legal guardian, who is willing to confirm that this communication took place and requires the provider to:
a. Immediately document and record the communication in the minor's medical record indicating:
i. Whom the communication was with;
ii. Who witnessed the communication; and
iii. The date and time of the communication; and
b. Ask the minor's parents or legal guardian to sign a written acknowledgement of this communication. (Sec. 1)
3. Exempts a provider that makes a reasonably diligent and documented effort to contact the minor's parents or legal guardian without success for at least 48 hours from communication requirements and states that, if the DNR is entered for the minor, the reason for that order must be documented in the minor's medical record. (Sec. 1)
4. States that a provider is not required to initially provide or continue resuscitative measures on a minor if the resuscitative measures would be medically inappropriate because providing the treatment would, in the provider's reasonable medical judgement, either:
a. Create a greater risk of causing or hastening the minor's death; or
b. Be potentially harmful or cause unnecessary pain, suffering or injury to the minor because there is no further benefit to the minor in performing resuscitative measures. (Sec. 1)
5. Grants a parent or legal guardians the right to request, at any time during the process, that the minor be transferred to another facility and, if they request a transfer, the provider must provide reasonable time for the parent or legal guardian to find another provider that will accept the minor before implementing a DNR order. (Sec. 1)
6. Requires the provider to provide the minor's medical records to any accredited facility that requires the medical records to determine whether the facility is willing to care for the minor and, if an accredited facility is willing to accept the minor, must make reasonable efforts to facilitate the transfer. (Sec. 1)
7. Allows a parent or guardian to petition a superior court in the county in which the minor resides or in which the minor is receiving treatment for an order enjoining a violation or threatened violation or to resolve a conflict between the parents. (Sec. 1)
8. Directs the superior court, upon receival of the petition, to:
a. Issue an order fixing the date, time and place of the hearing;
b. Order that notice of the hearing be given to the interested parties; and
c. Hold a preliminary hearing without notice if the court determines that holding the hearing without notice is necessary to prevent imminent danger to the minor's life. (Sec. 1)
9. Allows the court to use their discretion in determining the suitable place a hearing may be conducted. (Sec. 1)
10. Asserts a DNR may not be implemented pending the final determination of the superior court proceedings, including any appeals. (Sec. 1)
11. Requires a provider to disclose policies relating to a patient or resident or the services a patient or resident may receive involving resuscitation or life-sustaining measures, including any policies related to treatments deemed nonbeneficial, ineffective, futile, or inappropriate to a patient or resident or a prospective patient or resident upon request. (Sec. 1)
12. Specifies that a provider is not required to have a written policy relating to or involving resuscitation, life-sustaining measures or nonbeneficial treatment for unemancipated minor patients or adult patients or residents. (Sec. 1)
13. Defines do-not-resuscitate order and provider. (Sec. 1)
14. Cites this act as Simon's Law. (Sec. 2)
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18. Fifty-fourth Legislature HB 2122
19. First Regular Session Version 5: Transmitted
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