This bill strengthens parental rights and protects minors' access to life-sustaining care in healthcare settings. It outlines strict guidelines on when and how a Do Not Resuscitate (DNR) order can be applied to a minor, and it safeguards a parent or legal guardian's ability to make decisions regarding life-sustaining treatments.
Key Provisions of the Bill:
Consent for DNR Orders:
A healthcare provider cannot implement a DNR order for a minor without written consent from the parent or legal guardian.
If the provider cannot contact the parent or guardian after 72 hours of diligent effort, the provider may proceed with the DNR order.
Parents or guardians can revoke their consent at any time, and this revocation must take precedence over any previous consent, being recorded in the minor’s medical records.
Life-Sustaining Treatment:
A provider cannot delay or hinder life-sustaining or resuscitative treatment for a minor based on parental or guardian wishes unless the minor’s circulatory, respiratory, and brain systems are completely destroyed.
The bill presumes that continuing life-sustaining measures is in the minor’s best interest unless these conditions are met.
Parental Rights to Seek a Second Opinion or Transfer:
Parents or guardians have the right to seek a second medical opinion or request the minor's transfer to another healthcare facility.
Providers must:
Facilitate the transfer, providing immediate access to the minor and their medical records to the new facility.
Not delay or hinder the transfer process.
The new facility must continue administering any life-sustaining measures and cooperate with the transfer.
Transparency on Provider Policies:
Providers must disclose any policies regarding life-sustaining treatments or resuscitation if requested by the parent or guardian.
This bill ensures that parental consent and authority are prioritized in medical decisions for minors, particularly concerning life-resuscitating care, and supports the rights of parents in seeking alternatives when they disagree with medical care decisions.
Summary
The bill mandates that a health-care provider (provider) shall not
implement a do-not-resuscitate order (DNR) for a minor without written consent from the minor's parent or legal guardian. However, if a provider makes a reasonably diligent and documented effort to contact a parent or legal guardian for 72 hours without success, the provider may enter a DNR for the minor. A parent or legal guardian may revoke their consent in writing, and such a revocation must take precedence over the prior consent and be recorded in the minor's medical records.
The bill states that a provider shall not hinder or delay the
life-sustaining or resuscitative treatment, determined by the right of the parent or legal guardian of the minor, to be given to the minor unless there is destruction of the minor's circulatory system, respiratory system, and entire brain. A court does not have authority to require withdrawal of life-sustaining or resuscitative treatment for a minor unless there is destruction of the minor's circulatory system, respiratory system, and entire brain. The bill creates a presumption that the continuation of the life of a minor is in the minor's best interest.
Under the bill, a provider shall not interfere with a parent or legal
guardian of a minor seeking to obtain another medical opinion or the transfer of the minor to another health facility (facility). If the parent or legal guardian requests that the minor be transferred, the provider shall:
•
Provide the new facility immediate access to the minor and the minor's medical records; and
•
Not hinder or delay the necessary measures or procedures needed to facilitate the transfer.
The facility receiving the minor on transfer must:
•
Continue providing the life-sustaining measures and procedures being administered; and
•
Make every reasonable effort to help facilitate the transfer.
Lastly, the bill directs a provider, if requested, to disclose any
policies the provider has relating to services involving resuscitation or life-sustaining measures.
