House File 2562 S-5184 Amend House File 2562, as amended, passed, and reprinted by 1 the House, as follows: 2 1. Page 1, before line 1 by inserting: 3 < DIVISION I 4 CARE FACILITY PLACEMENT > 5 2. Page 8, after line 11 by inserting: 6 < DIVISION ___ 7 PERSONS AUTHORIZED TO CONSENT —— CONTINGENT ON ENACTMENT OF 8 LEGISLATION 9 Sec. ___. Section 144H.1, subsection 6, as enacted in 10 Division I of this Act, is amended to read as follows: 11 6. “Person authorized to consent” means an individual, 12 in the same order of priority prescribed in section 144A.7, 13 subsection 1, paragraph “b” , who shall be guided by the express 14 or implied intentions of the patient and who is reasonably 15 available, willing, and competent to consent, refuse to 16 consent, or withdraw consent on a patient’s behalf. 17 Sec. ___. CONTINGENT EFFECTIVE DATE. This division of this 18 Act takes effect only if 2026 Iowa Acts, House File 2305, or 19 successor legislation, amends section 144A.7, subsection 1, 20 paragraph “b”, and is substantially similar to the following 21 language: 22 b. If a patient does not have an attorney in fact, a 23 guardian appointed pursuant to chapter 633, or a guardian 24 who has obtained court approval in accordance with section 25 232D.401, subsection 4, paragraph “a”, the decision may be made 26 by any of the following individuals, who shall be guided by the 27 express or implied intentions of the patient, in the following 28 order of priority if no individual in the previous priority 29 is reasonably available, willing, and competent to make the 30 decision: 31 (1) The patient’s spouse. 32 (2) An adult child of the patient or, if the patient 33 has more than one adult child, the decision agreed to by a 34 majority of the adult children who are reasonably available for 35 -1- HF 2562.3962 (2) 91 ak/ko 1/ 2 #1. #2.
consultation with the patient’s attending provider. 1 (3) A parent of the patient or if the patient has more than 2 one parent, the decision agreed to by both parents if both 3 are reasonably available for consultation with the patient’s 4 attending provider. 5 (4) An adult sibling of the patient or, if the patient 6 has more than one adult sibling, the decision agreed to by a 7 majority of the adult siblings who are reasonably available for 8 consultation with the patient’s attending provider. 9 (5) The decision agreed to by a majority of the patient’s 10 adult relatives, including but not limited to grandchildren, 11 grandparents, aunts, uncles, nieces, nephews, stepchildren, 12 stepparents, and stepsiblings who are reasonably available for 13 consultation with the patient’s attending provider. 14 (6) A close adult friend. > 15 3. Title page, line 2, after < adults > by inserting < , 16 including effective date provisions > 17 4. By renumbering as necessary. 18 ______________________________ MARK COSTELLO -2- HF 2562.3962 (2) 91 ak/ko 2/ 2 #3. #4.