December 14, 2005, Introduced by Reps. Lipsey, Condino, Stewart, Vander Veen, Gillard, Shaffer, Kolb, Tobocman, Gaffney, Bieda, Alma Smith and Cushingberry and referred to the Committee on Judiciary.
A bill to amend 1998 PA 386, entitled
"Estates and protected individuals code,"
(MCL 700.1101 to 700.8102) by amending the heading for part 5 of
article V and by adding sections 5525 and 5527.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 5
DURABLE POWER OF ATTORNEY, AND
DESIGNATION OF PATIENT ADVOCATE,
AND LIVING WILL
Sec. 5525. (1) An individual 18 years of age or older who is
of sound mind may make a living will to direct the provision,
continuation, withholding, or withdrawal of medical treatment in
the event that the individual becomes unable to participate in
medical treatment decisions for himself or herself. Directions in a
living will may include directions as to the withholding or
withdrawal of artificial nutrition or hydration and directions that
may result in the individual's death.
(2) Sections 2502 to 2510 apply to a living will.
(3) The existence or nonexistence of a living will does not
affect the validity of provisions in a patient advocate designation
that relate to the provision, continuation, withholding, or
withdrawal of medical treatment that would result in the death of
the individual making the patient advocate designation.
Sec. 5527. (1) A supervising health professional who knows of
the existence of a living will or a revocation of a living will
shall promptly record its existence or revocation in the medical
record of the individual who made the living will and shall request
a copy. If a copy is furnished, the supervising health professional
shall arrange for it to be kept in the medical record.
(2) An attending physician who makes a determination that an
individual who made a living will is unable to participate in
medical treatment decisions for himself or herself, or who is
informed of such a determination made by an attending physician,
shall promptly record the determination in the individual's medical
record.
(3) Except as provided in subsections (4) and (5), if a
determination has been made as described in subsection (2), a
health professional or health facility providing care to the
individual shall comply with an instruction contained in the living
will and with a reasonable interpretation of that instruction made
by a person with the legal power to make medical treatment
decisions for the individual.
(4) A health professional may decline to comply with an
instruction contained in a living will for reasons of conscience. A
health facility may decline to comply with an instruction contained
in a living will if the instruction or decision is contrary to a
policy of the health facility that is expressly based on reasons of
conscience and if the policy was timely communicated to the
individual who made the living will or to a person with the legal
power to make medical treatment decisions for the individual.
(5) A health professional or health facility may decline to
comply with an instruction contained in a living will that requires
medically ineffective medical treatment or medical treatment
contrary to generally accepted medical treatment standards
applicable to the health professional or health facility.
(6) A health professional or health facility that decides not
to comply with an instruction contained in a living will shall do
all of the following:
(a) Promptly inform the individual who made the living will,
if possible, and any person with the legal power to make medical
treatment decisions for the individual of the decision.
(b) Provide continuing care to the individual who made the
living will until a transfer under subdivision (c) can be effected.
(c) Unless the individual who made the living will or a person
with legal power to make medical treatment decisions for the
individual refuses assistance, immediately make all reasonable
efforts to assist in the transfer of the individual to the care of
another health professional or health facility that is willing to
comply with the instruction.
(7) A health professional or health facility shall not require
or prohibit the execution or revocation of a living will as a
condition for providing medical treatment.
(8) As used in this section:
(a) "Attending physician" means a physician designated, by an
individual or a person with legal authority to make medical
treatment decisions for the individual, to have primary
responsibility for the individual's health care or, in the absence
of a designation or if the designated physician is not reasonably
available, a physician who undertakes the responsibility.
(b) "Health facility" means a facility or agency licensed
under article 17 of the public health code, 1978 PA 368, MCL
333.20101 to 333.22260.
(c) "Health professional" means an individual licensed to
provide medical treatment under article 15 of the public health
code, 1978 PA 368, MCL 333.16101 to 333.18838.
(d) "Medical treatment" means any care, treatment, service, or
procedure to maintain, diagnose, or otherwise affect an
individual's physical or mental condition, including diagnostic
tests, surgical procedures, programs of medication, and the
provision, continuation, withholding, or withdrawal of artificial
nutrition and hydration.
(e) "Physician" means a physician licensed to practice
medicine or osteopathic medicine and surgery under article 15 of
the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.
(f) "Reasonably available" means readily able to be contacted
without undue effort and willing and able to act in a timely manner
considering the urgency of the individual's medical treatment
needs.
(g) "Supervising health professional" means the attending
physician or, if there is no attending physician or the attending
physician is not reasonably available, the health professional who
has undertaken primary responsibility for an individual's medical
treatment.