REPORT TITLE:
Advance Directive Portability


DESCRIPTION:
Provides for the recognition and use of other state and
nationally recognized advance directive forms.


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO MEDICAL SERVICES.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 551D-2.5, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§551D-2.5  Durable power of attorney for health care
 
 4 decisions.  (a)  A competent person who has attained the age of
 
 5 majority may execute a durable power of attorney authorizing an
 
 6 agent to make any lawful health care decisions that could have
 
 7 been made by the principal at the time of election.
 
 8      (b)  The durable power of attorney made pursuant to this
 
 9 section:
 
10      (1)  Shall be in writing;
 
11      (2)  Shall be signed by the principal, or by another person
 
12           in the principal's presence and at the principal's
 
13           expressed direction;
 
14      (3)  Shall be dated;
 
15      (4)  Shall be signed in the presence of two or more
 
16           witnesses who:
 
17           (A)  Are at least eighteen years of age;
 
18           (B)  Are not related to the principal by blood,
 
19                marriage, or adoption; and
 

 
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 1           (C)  Are not, at the time that the durable power of
 
 2                attorney is executed, attending physicians,
 
 3                employees of an attending physician, or employees
 
 4                of a health care facility in which the principal
 
 5                is a patient; and
 
 6      (5)  Shall have all signatures notarized at the same time.
 
 7      (c)  A durable power of attorney for health care decisions
 
 8 shall be presumed not to grant authority to decide that the
 
 9 principal's life should not be prolonged through surgery,
 
10 resuscitation, life sustaining medicine or procedures or the
 
11 provision of nutrition or hydration, unless such authority is
 
12 explicitly stated. 
 
13      (d)  A durable power of attorney for health care decisions
 
14 shall only be effective during the period of incapacity of the
 
15 principal as determined by a licensed physician.
 
16      (e)  No person shall serve as both the treating physician
 
17 and attorney-in-fact for any principal for matters relating to
 
18 health care decisions.
 
19      (f)  A durable power of attorney for health care decisions
 
20 executed prior to June 12, 1992, that substantially complies with
 
21 the requirements of this chapter shall be considered valid
 
22 provided that the powers relating to the health care decisions
 

 
 
 
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 1 granted in the power of attorney have not been previously revoked
 
 2 by the principal or otherwise terminated.
 
 3      (g)  A durable power of attorney executed in another state,
 
 4 territory, or possession shall be considered valid for purposes
 
 5 of this chapter if the document and the execution of the document
 
 6 substantially comply with the requirements of this chapter."
 
 7      SECTION 2.  New statutory material is underscored.
 
 8      SECTION 3.  This Act shall take effect upon its approval.
 
 9 
 
10                         INTRODUCED BY:___________________________
 
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20 ___________________________           ___________________________
 

 
 
 
 
 
 
 
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