Location: SCR 352
Final
BILL SUMMARY for HB16-1101
SENATE COMMITTEE ON HEALTH & HUMAN SERVICES
BILL SUMMARY for HB16-1101
SENATE COMMITTEE ON HEALTH & HUMAN SERVICES
| Votes: View--> | Action Taken: |
| Adopt amendment L.023 (Attachment I). The motion p Refer House Bill 16-1101, as amended, to the Commi |
Pass Without Objection PASS |
03:59 PM -- HB 16-1101
Senator Lundberg, bill sponsor, presented House Bill 16-1101. The reengrossed bill allows an attending physician to designate another willing physician to act as a patient's proxy decision-maker for health care treatment under certain conditions. The attending physician cannot act as the proxy decision-maker. A physician may be designated as a proxy decision-maker if:
- after reasonable effort, the physician cannot locate any interested person, including the patient's spouse, a parent, an adult child, a sibling, a grandchild, or any close friend of the patient, who is willing and able to act as proxy decision-maker;
- the physician has obtained an independent assessment of the patient's decision-making capacity from another health care provider confirming the patient's lack of decisional capacity; and
- the physician has consulted with and obtained a consensus on the proxy designation with the medical ethics committee of the facility where the patient is receiving care.
The designated physician's authority to act as proxy decision-maker terminates if:
- an interested person is appointed to act as the proxy decision-maker;
- a guardian is appointed for the patient;
- the patient regains decisional capacity;
- the proxy decision-maker no longer wishes to serve in that capacity; or
- the patient is transferred or discharged from the facility where he or she is receiving care, unless the proxy decision-maker expresses his or her intention to continue acting in that capacity.
The bill outlines procedures for decision-making by the attending physician, the proxy decision-maker, and the facility's medical ethics committee, including for end-of-life treatment. A physician or his or her designee who is acting in good faith as a proxy decision-maker is not subject to civil or criminal liability or regulatory sanction, except that liability remains for any negligent acts or omissions in rendering care to an unrepresented patient.
04:01 PM -- Deb Bennett Woods, Colorado Collaborative for Unrepresented Patients, testified in support of the bill.
04:07 PM -- Carl Gladstein, Colorado Collaborative for Unrepresented Patients, testified in support of the bill and responded to committee questions.
04:16 PM -- Jean Abbott, Colorado Collaborative for Unrepresented Patients, testified in support of the bill.
04:20 PM -- Barbara Redmond, Denver Health, testified in a neutral position on the bill.
04:29 PM -- Linda Skaflen, The Arc of Adams County, testified in support of the bill.
04:32 PM -- Jean Martin, COPIC, maintained a neutral position on the bill.
04:38 PM
Senator Lundberg made closing comments and discussed amendment L.023 (Attachment I).
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| BILL: | HB16-1101 | |
| TIME: | 04:39:18 PM | |
| MOVED: | Lundberg | |
| MOTION: | Adopt amendment L.023 (Attachment I). The motion passed without objection. | |
| SECONDED: | |
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VOTE |
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Aguilar |
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Martinez Humenik |
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Newell |
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Crowder |
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Lundberg |
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | HB16-1101 | |
| TIME: | 04:41:20 PM | |
| MOVED: | Lundberg | |
| MOTION: | Refer House Bill 16-1101, as amended, to the Committee of the Whole. The motion passed on a vote of 5-0. | |
| SECONDED: | |
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VOTE |
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Aguilar |
Yes |
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Martinez Humenik |
Yes |
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Newell |
Yes |
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Crowder |
Yes |
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Lundberg |
Yes |
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FINAL YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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04:42 PM
Senator Crowder adjourned the meeting.