PROCEDURES TO WITHHOLD OR WITHDRAW

LIFE-SUSTAINING TREATMENT

House Bill 5076 as introduced

Sponsor:  Rep. Jeffrey R. Noble

Committee:  Families, Children, and Seniors

Complete to 11-8-17

SUMMARY:

House Bill 5076 would amend the Public Health Code to prohibit a physician from issuing a written or oral medical order to withhold or withdraw life-sustaining treatment from a patient, or to not resuscitate a patient, without first obtaining consent from one of the following:

·         The patient.

·         If the patient is a minor, his or her parent.

·         If the patient has designated a patient advocate and is unable to participate in medical treatment decisions, the patient advocate.

·         If the patient is a ward with an appointed guardian, the guardian.

The bill would also amend the Code to prohibit a health facility or agency from implementing a medical order to withhold or withdraw life-sustaining treatment from a patient or resident, or to not resuscitate a patient or resident, without first obtaining consent from one of the following:

·         The patient or resident.

·         If the patient or resident is a minor or ward, his or her parent or legal guardian.

·         If the patient or resident has designated a patient advocate and is unable to participate in medical treatment decisions, the patient advocate. 

The bill would define “life-sustaining treatment” to mean a medical procedure, medication, hydration, or nutrition that, if withheld or withdrawn, would in a physician’s reasonable medical judgment directly result in or intentionally hasten an individual’s death.

The bill would take effect 90 days after its enactment into law.

Proposed MCL 333.17019 et al.

FISCAL IMPACT:

House Bill 5076 does not appear as though it will have any significant fiscal impact on any units of state or local government.

                                                                                         Legislative Analyst:   E. Best

                                                                                                 Fiscal Analyst:   Marcus Coffin

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.