PRINTER'S NO. 263
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
218
Session of
2017
INTRODUCED BY LEACH, FONTANA, COSTA, SCHWANK AND RAFFERTY,
JANUARY 31, 2017
REFERRED TO JUDICIARY, JANUARY 31, 2017
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, in health care, further
providing for definitions, for legislative findings and
intent, for when living will operative, for revocation and
for authority of health care agent and providing for living
will and other advance health care directives registry; and
making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5422 of Title 20 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 5422. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Department." The Department of Health of the Commonwealth.
* * *
Section 2. Section 5423(c) of Title 20 is amended by adding
a paragraph to read:
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§ 5423. Legislative findings and intent.
* * *
(c) Findings in general.--The General Assembly finds that:
* * *
(7) A registry of living wills and other advance health
care directives, accessible by all physicians, furthers a
competent adult's right to control medical decisions.
Section 3. Section 5443(a) of Title 20 is amended and the
section is amended by adding a subsection to read:
§ 5443. When living will operative.
(a) When operative.--A living will becomes operative when:
(1) a copy is:
(i) provided to the attending physician; or
(ii) obtained from the registry established in
section 5466 (relating to living will and other advance
health care directives registry); and
(2) the principal is determined by the attending
physician to be incompetent and to have an end-stage medical
condition or to be permanently unconscious.
(a.1) Duty of attending physician.--An attending physician
shall make a reasonable effort to determine if a patient has
executed a living will and other advance health care directives.
An attending physician shall be presumed to have made a
reasonable effort if the physician has contacted the registry
established in section 5466.
* * *
Section 4. Sections 5444(c) and 5456(c)(6) of Title 20 are
amended to read:
§ 5444. Revocation.
* * *
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(c) Medical record.--The attending physician or other health
care provider shall make the revocation part of the medical
record of the principal[.] and shall notify the department. Upon
notification of a revocation under this section, the department
shall record the revocation and remove the living will and other
advance health care directives from the registry established in
section 5466 (relating to living will and other advance health
care directives registry).
§ 5456. Authority of health care agent.
* * *
(c) Health care decisions.--
* * *
(6) The [Department of Health] department shall ensure
as part of the licensure process that health care providers
under its jurisdiction have policies and procedures in place
to implement this subsection.
* * *
Section 5. Title 20 is amended by adding a section to read:
§ 5466. Living will and other advance health care directives
registry.
(a) Registry.--The department shall establish a living will
and other advance health care directives registry containing the
information in any living will and other advance health care
directives submitted pursuant to subsection (b).
(b) Submission of living will and other advance health care
directives.--A principal may provide a living will and other
advance health care directives to the department for inclusion
in the living will and other advance health care directives
registry.
(c) Availability.--Information in the registry shall be made
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available to attending physicians on a 24-hour basis, including
access by electronic means.
(d) Public access prohibited.--Information in the registry
shall be protected from public access, shall only be accessible
to physicians and shall not be subject to access under the act
of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know
Law.
Section 6. The definition of "department" in section 5483 of
Title 20 is amended to read:
§ 5483. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
["Department." The Department of Health of the
Commonwealth.]
* * *
Section 7. This act shall take effect in 60 days.
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