Amendment H-8167 to HF 2577

Filed March 6, 2024 in the House by

What it changes

1. By striking everything after the enacting clause and inserting: “Section
2. Section 633.635, subsection 2, paragraph a, Code 2024, is amended to read as follows: a. Making decisions regarding the care, maintenance, health, education, welfare, and safety of the protected person except as otherwise limited by the court. Decisions regarding a protected person’s health include all of the following: (1) The ability to enter into hospice care if the protected person is deemed to have a terminal condition defined in section 144A.2 and is in palliative care. (2) The power to withhold or withdraw life-sustaining procedures from a patient pursuant to section 144A.7. (3) (a) The power to execute, reaffirm, and revoke a do-not-resuscitate order pursuant to section 144A.7A provided that a do-not-resuscitate order may only be executed, reaffirmed, or revoked for a protected person who is in a terminal condition and who is comatose, incompetent, or otherwise physically or mentally incapable of communication and has not made a declaration in accordance with section 144A.7A, if there is consultation and written agreement for the executing, reaffirming, or revoking of a do-not-resuscitate order by the attending physician, the guardian, and any of the following individuals, who shall be guided by the express or implied intentions of the protected person, in the following order of priority if no individual in a prior class is reasonably available, willing, and competent to act: (i) The attorney in fact designated to make treatment decisions for the protected person should the protected person be diagnosed as suffering from a terminal condition, if the designation is in writing and complies with chapter 144B. (ii) The protected person’s spouse. (iii) An adult child of the protected person or, if the protected person has more than one adult child, a majority of the adult children who are reasonably available for consultation. (iv) A parent of the protected person, or parents if both are reasonably available. (v) An adult sibling of the protected person. (b) When a decision is made pursuant to this subparagraph to execute, reaffirm, or revoke a do-not-resuscitate order, there shall be a witness present at the time of the consultation when that decision is made. Sec.
3. Section 633.635, subsection 3, paragraph b, subparagraph (1), Code 2024, is amended to read as follows: (1) (a) The withholding or withdrawal of life-sustaining procedures from the protected person in accordance with chapter 144A or 144D . (b) The guardian may also request court approval to enter the protected person into hospice care; to consent to, reaffirm, or revoke an out-of-hospital do-not-resuscitate order pursuant to section 144A.7A; or to execute, reaffirm, change, or revoke a physician order for scope of treatment form pursuant to chapter 144D at any time that all of the following conditions are met: (i) The protected person is eligible for hospice care, is in a terminal condition as defined by section 144A.2, or meets the definition of a patient as defined in section 144D.1. (ii) The decision is consistent with the express or implied intention of the protected person or, if such intentions are unknown, the decision is in the protected person’s best interests given the protected person’s overall medical condition and prognosis. (iii) The guardian has consulted with the protected person’s attending physician, and the attending physician has provided written agreement with the decision.”

Official amendment (PDF) · In the Bill Book