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Amendments › HF 2305

Amendment S-5122 to HF 2305

Relating to health care decisions related to palliative care, hospice programs, life-sustaining procedures, out-of-hospital do-not-resuscitate orders, durable power of attorney for health care, and probate court guardianship reports

Ruled out of order · April 16, 2026

Filed March 19, 2026 in the Senate by

What it changes

  1. Page 1, by striking lines 9 through
  3. Page 1, line 24, by striking “
  5. ” and inserting “
  6. ”
  7. Page 1, line 31, by striking “
  9. ” and inserting “
  10. ”
  11. By striking page 1, line 33, through page 2, line
  13. Page 2, line 3, by striking “
  15. ” and inserting “
  16. ”
  17. Page 2, by striking lines 8 through 10 and inserting “received admission into the a hospice program. If the patient is unable to request admission, a family member the patient’s attorney in fact as defined in section 144B.1, or the patient’s guardian appointed pursuant to chapter 633, or the majority of the guardians if the patient has more than one guardian appointed with equal responsibilities, may voluntarily request and receive admission on the patient’s behalf.”
  18. Page 2, line 11, by striking “
  20. ” and inserting “
  21. ”
  22. Page 2, line 17, by striking “
  24. ” and inserting “
  25. ”
  26. Page 2, line 29, by striking “
  28. ” and inserting “
  29. ”
  30. Page 3, line 8, by striking “
  32. ” and inserting “
  33. ”
  34. Page 3, line 23, by striking “
  35. ” and inserting “
  36. ”
  37. Page 3, line 27, by striking “
  38. ” and inserting “
  39. ”
  40. Page 3, line 29, by striking “
  41. ” and inserting “
  42. ”
  43. Page 3, line 31, by striking “
  44. ” and inserting “
  45. ”
  46. Page 4, line 24, by striking “A” and inserting “
  47. If a patient does not have an attorney in fact as defined in section 144B.1, or a guardian appointed pursuant to chapter 633, a”
  48. By striking page 4, line 28, through page 5, line 23, and inserting: “a hospice program by an individual, in the same order of priority prescribed in section 144A.7, subsection 1, who shall be guided by the express or implied intentions of the patient and who is reasonably available, willing, and competent to make the decision.
  49. This section shall not apply to a guardian appointed under chapter 232D.”
  50. Page 6, by striking lines 4 and 5 and inserting “patient “Attorney in fact” means an individual who is designated by a durable power of attorney for health care as an agent to make health care decisions on behalf of a patient and has consented to act in that capacity.”
  51. Page 6, by striking lines 6 and 7 and inserting: “
  52. “Close adult friend” means a friend of a patient to whom all of the following apply: a. The individual is at least eighteen years of age. b. The individual has shown special care and concern for the patient. c. The individual maintains regular contact with the patient and is familiar with the patient’s health, activities, and beliefs. d. The individual has provided an affidavit to the patient’s attending provider that states that the individual is willing and able to be involved in the patient’s care.”
  53. Page 6, by striking lines 12 and 13 and inserting: “
  54. “Durable power of attorney for health care” means a document authorizing an attorney in fact to make health care decisions for a patient if the patient is unable, in the judgment of the patient’s attending provider, to make health care decisions.”
  55. Page 9, by striking lines 25 through 30 and inserting “or advanced registered nurse practitioner, and the patient’s attorney in fact as defined in section 144B.1, or the patient’s guardian appointed pursuant to chapter
  56. If the patient has more than one guardian with equal responsibilities appointed, the decision agreed to by a majority of the guardians. If a majority consensus is not achieved by the guardians, a court order shall be required. If a patient does not have an attorney in fact as defined in section 144B.1, or a guardian appointed pursuant to chapter 633, the decision may be made by any of the following individuals, who shall be guided by the express or implied intentions of the patient, in the following order of priority if no individual in a prior class the previous priority is reasonably available, willing, and competent to act make the decision :”
  57. By striking page 9, line 31, through page 10, line
  59. Page 10, line 8, by striking “c.” and inserting “a.”
  60. Page 10, line 9, by striking “d.” and inserting “b.”

Shortened here; the full amendment is in the official document.

Official amendment (PDF) · In the Bill Book