House
File
2577
H-8167
Amend
House
File
2577
as
follows:
1
1.
By
striking
everything
after
the
enacting
clause
and
2
inserting:
3
<
Section
1.
Section
633.635,
subsection
2,
paragraph
a,
4
Code
2024,
is
amended
to
read
as
follows:
5
a.
Making
decisions
regarding
the
care,
maintenance,
health,
6
education,
welfare,
and
safety
of
the
protected
person
except
7
as
otherwise
limited
by
the
court.
Decisions
regarding
a
8
protected
person’s
health
include
all
of
the
following:
9
(1)
The
ability
to
enter
into
hospice
care
if
the
protected
10
person
is
deemed
to
have
a
terminal
condition
defined
in
11
section
144A.2
and
is
in
palliative
care.
12
(2)
The
power
to
withhold
or
withdraw
life-sustaining
13
procedures
from
a
patient
pursuant
to
section
144A.7.
14
(3)
(a)
The
power
to
execute,
reaffirm,
and
revoke
15
a
do-not-resuscitate
order
pursuant
to
section
144A.7A
16
provided
that
a
do-not-resuscitate
order
may
only
be
executed,
17
reaffirmed,
or
revoked
for
a
protected
person
who
is
in
18
a
terminal
condition
and
who
is
comatose,
incompetent,
or
19
otherwise
physically
or
mentally
incapable
of
communication
20
and
has
not
made
a
declaration
in
accordance
with
section
21
144A.7A,
if
there
is
consultation
and
written
agreement
for
the
22
executing,
reaffirming,
or
revoking
of
a
do-not-resuscitate
23
order
by
the
attending
physician,
the
guardian,
and
any
of
the
24
following
individuals,
who
shall
be
guided
by
the
express
or
25
implied
intentions
of
the
protected
person,
in
the
following
26
order
of
priority
if
no
individual
in
a
prior
class
is
27
reasonably
available,
willing,
and
competent
to
act:
28
(i)
The
attorney
in
fact
designated
to
make
treatment
29
decisions
for
the
protected
person
should
the
protected
person
30
be
diagnosed
as
suffering
from
a
terminal
condition,
if
the
31
designation
is
in
writing
and
complies
with
chapter
144B.
32
(ii)
The
protected
person’s
spouse.
33
(iii)
An
adult
child
of
the
protected
person
or,
if
the
34
protected
person
has
more
than
one
adult
child,
a
majority
35
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2577.3290
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#1.
of
the
adult
children
who
are
reasonably
available
for
1
consultation.
2
(iv)
A
parent
of
the
protected
person,
or
parents
if
both
3
are
reasonably
available.
4
(v)
An
adult
sibling
of
the
protected
person.
5
(b)
When
a
decision
is
made
pursuant
to
this
subparagraph
to
6
execute,
reaffirm,
or
revoke
a
do-not-resuscitate
order,
there
7
shall
be
a
witness
present
at
the
time
of
the
consultation
when
8
that
decision
is
made.
9
Sec.
2.
Section
633.635,
subsection
3,
paragraph
b,
10
subparagraph
(1),
Code
2024,
is
amended
to
read
as
follows:
11
(1)
(a)
The
withholding
or
withdrawal
of
life-sustaining
12
procedures
from
the
protected
person
in
accordance
with
chapter
13
144A
or
144D
.
14
(b)
The
guardian
may
also
request
court
approval
to
15
enter
the
protected
person
into
hospice
care;
to
consent
to,
16
reaffirm,
or
revoke
an
out-of-hospital
do-not-resuscitate
17
order
pursuant
to
section
144A.7A;
or
to
execute,
reaffirm,
18
change,
or
revoke
a
physician
order
for
scope
of
treatment
form
19
pursuant
to
chapter
144D
at
any
time
that
all
of
the
following
20
conditions
are
met:
21
(i)
The
protected
person
is
eligible
for
hospice
care,
is
in
22
a
terminal
condition
as
defined
by
section
144A.2,
or
meets
the
23
definition
of
a
patient
as
defined
in
section
144D.1.
24
(ii)
The
decision
is
consistent
with
the
express
or
implied
25
intention
of
the
protected
person
or,
if
such
intentions
26
are
unknown,
the
decision
is
in
the
protected
person’s
best
27
interests
given
the
protected
person’s
overall
medical
28
condition
and
prognosis.
29
(iii)
The
guardian
has
consulted
with
the
protected
30
person’s
attending
physician,
and
the
attending
physician
has
31
provided
written
agreement
with
the
decision.
>
32
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