House
File
2305
-
Reprinted
HOUSE
FILE
2305
BY
COMMITTEE
ON
HEALTH
AND
HUMAN
SERVICES
(SUCCESSOR
TO
HF
708)
(As
Amended
and
Passed
by
the
House
March
5,
2026
)
A
BILL
FOR
An
Act
relating
to
health
care
decisions
related
to
palliative
1
care,
hospice
programs,
life-sustaining
procedures,
2
out-of-hospital
do-not-resuscitate
orders,
and
durable
power
3
of
attorney
for
health
care.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
HF
2305
(4)
91
lh/ko/md
H.F.
2305
Section
1.
Section
135J.1,
Code
2026,
is
amended
to
read
as
1
follows:
2
135J.1
Definitions.
3
For
the
purposes
of
this
chapter
unless
otherwise
defined:
4
1.
“Attending
physician
provider
”
means
a
physician
licensed
5
pursuant
to
chapter
148
or
a
physician
assistant
licensed
6
pursuant
to
chapter
148C
,
physician
assistant,
or
an
advanced
7
registered
nurse
practitioner
who
is
licensed
in
this
state
.
8
2.
“Attorney
in
fact”
means
an
individual
who
is
designated
9
by
a
durable
power
of
attorney
for
health
care
as
an
agent
10
to
make
health
care
decisions
on
behalf
of
a
patient
and
has
11
consented
to
act
in
that
capacity.
12
3.
“Close
adult
friend”
means
a
friend
of
a
patient
to
whom
13
all
of
the
following
apply:
14
a.
The
individual
is
at
least
eighteen
years
of
age.
15
b.
The
individual
has
shown
special
care
and
concern
for
the
16
patient.
17
c.
The
individual
maintains
regular
contact
with
the
patient
18
and
is
familiar
with
the
patient’s
health,
activities,
and
19
beliefs.
20
d.
The
individual
has
provided
an
affidavit
to
the
patient’s
21
attending
provider
that
states
that
the
individual
is
willing
22
and
able
to
be
involved
in
the
patient’s
care.
23
2.
4.
“Core
services”
means
physician
services,
nursing
24
services,
medical
social
services,
counseling
services,
25
and
volunteer
services.
These
core
services,
as
well
as
26
others
deemed
necessary
by
the
hospice
in
delivering
safe
27
and
appropriate
care
to
its
case
load
the
hospice’s
hospice
28
patients
,
can
be
provided
through
either
direct
or
indirect
29
arrangement
by
the
hospice.
30
3.
5.
“Department”
means
the
department
of
inspections,
31
appeals,
and
licensing.
32
6.
“Durable
power
of
attorney
for
health
care”
means
a
33
document
authorizing
an
attorney
in
fact
to
make
health
care
34
decisions
for
a
patient
if
the
patient
is
unable,
in
the
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judgment
of
the
patient’s
attending
provider,
to
make
health
1
care
decisions.
2
4.
7.
“Hospice
patient”
or
“patient”
means
a
diagnosed
3
terminally
ill
person
an
individual
with
an
anticipated
life
4
expectancy
of
six
months
or
less,
as
certified
by
the
attending
5
physician
provider
,
who,
alone
or
in
conjunction
with
a
unit
of
6
care
as
defined
in
subsection
9
,
has
voluntarily
requested
and
7
received
admission
into
the
a
hospice
program.
If
the
patient
8
is
unable
to
request
admission,
a
family
member
may
voluntarily
9
request
and
receive
admission
on
the
patient’s
behalf.
10
5.
8.
“Hospice
patient’s
family”
means
the
immediate
kin
of
11
the
a
hospice
patient,
including
a
spouse,
parent,
stepparent,
12
brother,
sister,
stepbrother,
stepsister,
child,
or
stepchild.
13
Additional
relatives
or
individuals
with
significant
personal
14
ties
to
the
hospice
patient
may
be
included
in
the
hospice
15
patient’s
family.
16
6.
9.
“Hospice
program”
means
a
centrally
coordinated
17
program
of
home
and
inpatient
care
provided
directly
or
through
18
an
agreement
under
the
direction
of
an
identifiable
hospice
19
administration
providing
palliative
care
directed
at
symptom
20
management
and
supportive
medical
and
other
health
services
21
to
terminally
ill
hospice
patients
and
their
families.
A
22
licensed
hospice
program
shall
utilize
a
medically
directed
23
interdisciplinary
team
and
provide
care
to
meet
the
physical,
24
emotional,
social,
spiritual,
and
other
special
needs
which
25
are
experienced
during
the
final
stages
of
illness,
dying,
and
26
bereavement.
Hospice
care
shall
be
available
twenty-four
hours
27
a
day,
seven
days
a
week.
28
7.
10.
“Interdisciplinary
team”
means
the
hospice
patient
29
and
the
hospice
patient’s
family,
the
attending
physician
30
provider
,
and
all
of
the
following
individuals
trained
to
serve
31
with
a
licensed
hospice
program:
32
a.
A
licensed
physician
pursuant
to
chapter
148
.
33
b.
A
licensed
registered
nurse
pursuant
to
chapter
152
.
34
c.
An
individual
with
at
least
a
baccalaureate
degree
in
the
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field
of
social
work
providing
medical-social
services.
1
d.
Trained
hospice
volunteers
Volunteer
services
.
2
e.
As
deemed
appropriate
by
the
hospice,
physician
3
assistants,
providers
of
special
services
including
but
not
4
limited
to
a
spiritual
counselor,
a
pharmacist
pharmacists
,
or
5
professionals
in
the
fields
of
mental
health
may
be
included
6
on
the
interdisciplinary
team.
7
8.
11.
“Palliative
care”
means
specialized
medical
care
8
directed
at
managing
symptoms
experienced
by
the
hospice
9
provided
to
a
patient
,
as
well
as
addressing
related
needs
10
of
the
patient
and
family
as
they
experience
the
stress
of
11
the
dying
process
who
has
been
diagnosed
by
the
patient’s
12
attending
provider
with
a
serious
illness.
Palliative
care
is
13
stress
and
symptom
management
care,
based
on
the
needs
of
the
14
patient
rather
than
the
patient’s
diagnosis,
provided
by
an
15
interdisciplinary
team
.
The
intent
of
palliative
care
is
to
16
enhance
the
quality
of
life
for
the
hospice
patient
and
family
17
unit
,
and
is
not
treatment
directed
at
cure
of
the
terminal
18
illness
.
Palliative
care
may
be
provided
at
any
stage
of
a
19
patient’s
serious
illness,
regardless
of
the
patient’s
age,
and
20
may
be
provided
in
conjunction
with
curative
treatment
for
the
21
serious
illness.
22
12.
“Serious
illness”
means
a
health
condition
that
carries
23
a
high
risk
of
mortality
and
either
negatively
impacts
a
24
person’s
daily
functioning
or
quality
of
life,
or
excessively
25
strains
the
person’s
caregivers.
26
13.
“Terminal
condition”
means
the
same
as
defined
in
27
section
144A.2.
28
9.
14.
“Unit
of
care”
means
the
a
hospice
patient
and
the
29
hospice
patient’s
family
within
a
hospice
program.
30
10.
15.
“Volunteer
services”
means
the
services
provided
by
31
individuals
who
have
successfully
completed
a
training
program
32
developed
by
a
licensed
hospice
program.
33
Sec.
2.
Section
135J.3,
Code
2026,
is
amended
to
read
as
34
follows:
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135J.3
Basic
requirements.
1
A
licensed
hospice
program
shall
include:
2
1.
A
planned
program
of
hospice
care,
the
medical
components
3
of
which
shall
be
under
the
direction
of
an
attending
physician
4
provider
.
5
2.
Centrally
administered,
coordinated
hospice
core
6
services
provided
in
home,
outpatient,
or
institutional
7
settings.
8
3.
A
mechanism
that
assures
the
rights
of
the
patient
and
9
family
a
unit
of
care
.
10
4.
Palliative
care
Symptom
management
provided
to
a
hospice
11
patient
and
family
unit
of
care
under
the
direction
of
an
12
attending
physician
provider
.
13
5.
An
interdisciplinary
team
which
develops,
implements,
14
and
evaluates
the
hospice
plan
of
care
for
the
patient
and
15
family
a
unit
of
care
.
16
6.
Bereavement
services.
17
7.
Accessible
hospice
care
twenty-four
hours
a
day,
seven
18
days
a
week
in
all
settings.
19
8.
An
ongoing
system
of
quality
assurance
and
utilization
20
review.
21
Sec.
3.
NEW
SECTION
.
135J.3A
Patient
incapable
of
making
a
22
treatment
decision.
23
A
patient
who
has
a
terminal
condition,
and
who
is
comatose,
24
incompetent,
or
otherwise
physically
or
mentally
incapable
25
of
communication,
and
who
has
not
expressed
their
desire
26
for
palliative
care
or
a
hospice
program,
may
be
placed
in
27
a
hospice
program
by
any
of
the
following
individuals,
who
28
shall
be
guided
by
the
express
or
implied
intentions
of
the
29
patient,
in
the
following
order
of
priority
if
no
individual
30
in
the
previous
priority
is
reasonably
available,
willing,
and
31
competent
to
make
the
decision:
32
1.
The
patient’s
attorney
in
fact.
33
2.
The
guardian
of
the
patient
appointed
pursuant
to
chapter
34
633.
If
the
patient
has
appointed
more
than
one
guardian
with
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equal
responsibilities,
the
decision
agreed
to
by
a
majority
1
of
the
guardians.
If
no
majority
consensus
is
achieved
by
the
2
guardians,
a
court
order
shall
be
required.
3
3.
The
patient’s
spouse.
4
4.
An
adult
child
of
the
patient
or,
if
the
patient
5
has
more
than
one
adult
child,
the
decision
agreed
to
by
a
6
majority
of
the
adult
children
who
are
reasonably
available
for
7
consultation
with
the
patient’s
attending
provider.
8
5.
A
parent
of
the
patient,
or
if
the
patient
has
more
than
9
one
parent,
the
decision
agreed
to
by
both
parents
if
both
10
are
reasonably
available
for
consultation
with
the
patient’s
11
attending
provider.
12
6.
An
adult
sibling
of
the
patient,
or
if
the
patient
has
13
more
than
one
sibling,
the
decision
agreed
to
by
a
majority
14
of
the
adult
siblings
who
are
reasonably
available
for
15
consultation
with
the
patient’s
attending
provider.
16
7.
The
decision
agreed
to
by
a
majority
of
the
patient’s
17
relatives,
including
but
not
limited
to
grandchildren,
18
grandparents,
aunts,
uncles,
nieces,
nephews,
stepchildren,
19
stepparents,
and
stepsiblings
who
are
at
least
eighteen
years
20
of
age
and
reasonably
available
for
consultation
with
the
21
patient’s
attending
provider.
22
8.
A
close
adult
friend.
23
Sec.
4.
Section
144A.2,
Code
2026,
is
amended
to
read
as
24
follows:
25
144A.2
Definitions.
26
Except
as
otherwise
provided,
as
used
in
this
chapter
:
27
1.
“Adult”
means
an
individual
eighteen
years
of
age
or
28
older.
29
2.
“Advanced
registered
nurse
practitioner”
means
the
same
as
30
defined
in
section
152.1.
31
2.
3.
“Attending
physician
provider
”
means
the
physician
32
selected
by,
or
assigned
to,
the
patient
who
has
primary
33
responsibility
for
the
treatment
and
care
of
the
patient
same
34
as
defined
in
section
135J.1
.
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3.
4.
“Attending
physician
assistant”
means
the
physician
1
assistant
selected
by,
or
assigned
to,
the
patient
who
has
2
primary
responsibility
for
the
treatment
and
care
of
the
3
patient
“Attorney
in
fact”
means
the
same
as
defined
in
section
4
135J.1
.
5
5.
“Close
adult
friend”
means
the
same
as
defined
in
section
6
135J.1.
7
4.
6.
“Declaration”
means
a
document
executed
in
accordance
8
with
the
requirements
of
section
144A.3
.
9
5.
7.
“Department”
means
the
department
of
health
and
human
10
services.
11
8.
“Durable
power
of
attorney
for
health
care”
means
the
same
12
as
defined
in
section
135J.1.
13
6.
9.
“Emergency
medical
care
provider”
means
emergency
14
medical
care
provider
as
defined
in
section
147A.1
.
15
7.
10.
“Health
care
provider”
means
a
person,
including
an
16
emergency
medical
care
provider,
who
is
licensed,
certified,
or
17
otherwise
authorized
or
permitted
by
the
law
of
this
state
to
18
administer
health
care
in
the
ordinary
course
of
business
or
in
19
the
practice
of
a
profession.
20
8.
11.
“Hospital”
means
hospital
as
defined
in
section
21
135B.1
.
22
9.
12.
a.
“Life-sustaining
procedure”
means
any
medical
23
procedure,
treatment,
or
intervention,
including
resuscitation,
24
which
meets
both
of
the
following
requirements:
25
(1)
Utilizes
mechanical
or
artificial
means
to
sustain,
26
restore,
or
supplant
a
spontaneous
vital
function.
27
(2)
When
applied
to
a
patient
in
a
terminal
condition,
would
28
serve
only
to
prolong
the
dying
process.
29
b.
“Life-sustaining
procedure”
does
not
include
the
30
provision
of
nutrition
or
hydration
except
when
required
31
to
be
provided
parenterally
or
through
intubation,
or
the
32
administration
of
medication
or
performance
of
any
medical
33
procedure
deemed
necessary
to
provide
comfort
care
or
to
34
alleviate
pain.
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10.
13.
“Out-of-hospital
do-not-resuscitate
order”
means
1
a
written
order
signed
by
a
physician
an
attending
provider
,
2
executed
in
accordance
with
the
requirements
of
section
3
144A.7A
and
issued
consistent
with
this
chapter
,
that
directs
4
the
withholding
or
withdrawal
of
resuscitation
when
an
adult
5
patient
in
a
terminal
condition
is
outside
the
hospital.
6
11.
14.
“Physician”
means
a
person
licensed
to
practice
7
medicine
and
surgery
or
osteopathic
medicine
and
surgery
in
8
this
state.
9
12.
15.
“Physician
assistant”
means
a
person
licensed
to
10
practice
as
a
physician
assistant
in
this
state.
11
13.
16.
“Qualified
patient”
means
a
patient
who
has
12
executed
a
declaration
or
an
out-of-hospital
do-not-resuscitate
13
order
in
accordance
with
this
chapter
and
who
has
been
14
determined
by
the
attending
physician
to
be
in
a
terminal
15
condition.
16
14.
17.
“Resuscitation”
means
any
medical
intervention
that
17
utilizes
mechanical
or
artificial
means
to
sustain,
restore,
18
or
supplant
a
spontaneous
vital
function,
including
but
not
19
limited
to
chest
compression,
defibrillation,
intubation,
and
20
emergency
drugs
intended
to
alter
cardiac
function
or
otherwise
21
to
sustain
life.
22
15.
18.
“Terminal
condition”
means
an
incurable
or
23
irreversible
condition
that,
without
the
administration
24
of
life-sustaining
procedures,
will,
in
the
opinion
of
25
the
attending
physician
provider
,
result
in
death
within
26
a
relatively
short
period
of
time
or
a
state
of
permanent
27
unconsciousness
from
which,
to
a
reasonable
degree
of
medical
28
certainty,
there
can
be
no
recovery.
29
Sec.
5.
Section
144A.3,
subsections
3
and
5,
Code
2026,
are
30
amended
to
read
as
follows:
31
3.
It
is
the
responsibility
of
the
declarant
to
provide
32
the
declarant’s
attending
physician
or
health
care
provider
33
with
the
declaration.
An
attending
physician
or
health
care
34
provider
may
presume,
in
the
absence
of
actual
notice
to
the
35
-7-
HF
2305
(4)
91
lh/ko/md
7/
15
H.F.
2305
contrary,
that
the
declaration
complies
with
this
chapter
and
1
is
valid.
2
5.
A
declaration
executed
pursuant
to
this
chapter
may,
but
3
need
not,
be
in
the
following
form:
4
DECLARATION
5
If
I
should
have
an
incurable
or
irreversible
condition
that
6
will
result
either
in
death
within
a
relatively
short
period
7
of
time
or
a
state
of
permanent
unconsciousness
from
which,
8
to
a
reasonable
degree
of
medical
certainty,
there
can
be
no
9
recovery,
it
is
my
desire
that
my
life
not
be
prolonged
by
10
the
administration
of
life-sustaining
procedures.
If
I
am
11
unable
to
participate
in
my
health
care
decisions,
I
direct
12
my
attending
physician
provider
to
withhold
or
withdraw
13
life-sustaining
procedures
that
merely
prolong
the
dying
14
process
and
are
not
necessary
to
my
comfort
or
freedom
from
15
pain.
16
Sec.
6.
Section
144A.4,
Code
2026,
is
amended
to
read
as
17
follows:
18
144A.4
Revocation
of
declaration.
19
1.
A
declaration
may
be
revoked
at
any
time
and
in
any
20
manner
by
which
the
declarant
is
able
to
communicate
the
21
declarant’s
intent
to
revoke,
without
regard
to
mental
or
22
physical
condition.
A
revocation
is
only
effective
as
to
the
23
attending
physician
or
attending
physician
assistant
provider
24
upon
communication
to
such
physician
or
physician
assistant
25
attending
provider
by
the
declarant
or
by
another
to
whom
the
26
revocation
was
communicated.
27
2.
The
attending
physician
or
attending
physician
assistant
28
provider
shall
make
the
revocation
a
part
of
the
declarant’s
29
medical
record.
30
Sec.
7.
Section
144A.5,
Code
2026,
is
amended
to
read
as
31
follows:
32
144A.5
Determination
of
terminal
condition.
33
When
an
attending
physician
provider
who
has
been
provided
34
with
a
declaration
determines
that
the
declarant
is
in
a
35
-8-
HF
2305
(4)
91
lh/ko/md
8/
15
H.F.
2305
terminal
condition,
this
decision
must
be
confirmed
by
another
1
physician
,
advanced
registered
nurse
practitioner,
or
physician
2
assistant
.
The
attending
physician
provider
must
record
that
3
determination
in
the
declarant’s
medical
record.
4
Sec.
8.
Section
144A.6,
subsection
2,
Code
2026,
is
amended
5
to
read
as
follows:
6
2.
The
declaration
of
a
qualified
patient
known
to
the
7
attending
physician
provider
to
be
pregnant
shall
not
be
in
8
effect
as
long
as
the
fetus
could
develop
to
the
point
of
live
9
birth
with
continued
application
of
life-sustaining
procedures.
10
However,
the
provisions
of
this
subsection
do
not
impair
any
11
existing
rights
or
responsibilities
that
any
person
may
have
12
in
regard
to
the
withholding
or
withdrawal
of
life-sustaining
13
procedures.
14
Sec.
9.
Section
144A.7,
subsections
1
and
2,
Code
2026,
are
15
amended
to
read
as
follows:
16
1.
Life-sustaining
procedures
may
be
withheld
or
withdrawn
17
from
a
patient
who
is
in
a
terminal
condition
and
who
is
18
comatose,
incompetent,
or
otherwise
physically
or
mentally
19
incapable
of
communication
,
and
who
has
not
made
a
declaration
20
in
accordance
with
this
chapter
section
144A.3
if
there
is
21
consultation
and
written
agreement
for
the
withholding
or
the
22
withdrawal
of
life-sustaining
procedures
between
the
attending
23
physician
provider,
another
physician,
physician
assistant,
24
or
advanced
registered
nurse
practitioner,
and
any
of
the
25
following
individuals,
who
shall
be
guided
by
the
express
or
26
implied
intentions
of
the
patient,
in
the
following
order
27
of
priority
if
no
individual
in
a
prior
class
the
previous
28
priority
is
reasonably
available,
willing,
and
competent
to
act
29
make
a
decision
:
30
a.
The
attorney
in
fact
designated
to
make
treatment
31
decisions
for
the
patient
should
such
person
be
diagnosed
as
32
suffering
from
a
terminal
condition,
if
the
designation
is
in
33
writing
and
complies
with
chapter
144B
.
34
b.
The
guardian
of
the
person
of
the
patient
if
one
has
been
35
-9-
HF
2305
(4)
91
lh/ko/md
9/
15
H.F.
2305
appointed
,
provided
pursuant
to
chapter
633,
or
the
guardian
1
of
the
patient
who
has
obtained
court
approval
is
obtained
in
2
accordance
with
section
232D.401,
subsection
4
,
paragraph
“a”
,
3
or
section
633.635,
subsection
3
,
paragraph
“b”
,
subparagraph
4
(1)
.
This
paragraph
does
not
require
the
appointment
of
a
5
guardian
in
order
for
a
treatment
decision
to
be
made
under
6
this
section
.
7
c.
The
patient’s
spouse.
8
d.
An
adult
child
of
the
patient
or,
if
the
patient
9
has
more
than
one
adult
child,
the
decision
agreed
to
by
a
10
majority
of
the
adult
children
who
are
reasonably
available
for
11
consultation
with
the
patient’s
attending
provider
.
12
e.
A
parent
of
the
patient,
or
parents
if
both
the
patient
13
has
more
than
one
parent,
the
decision
agreed
to
by
both
14
parents
if
both
are
reasonably
available
for
consultation
with
15
the
patient’s
attending
provider
.
16
f.
An
adult
sibling
of
the
patient
or,
if
the
patient
17
has
more
than
one
adult
sibling,
the
decision
agreed
to
by
a
18
majority
of
the
adult
siblings
who
are
reasonably
available
for
19
consultation
with
the
patient’s
attending
provider
.
20
g.
The
decision
agreed
to
by
a
majority
of
the
patient’s
21
adult
relatives,
including
but
not
limited
to
grandchildren,
22
grandparents,
aunts,
uncles,
nieces,
nephews,
stepchildren,
23
stepparents,
and
stepsiblings
who
are
reasonably
available
for
24
consultation
with
the
patient’s
attending
provider.
25
h.
A
close
adult
friend.
26
2.
When
a
decision
is
made
pursuant
to
this
section
to
27
withhold
or
withdraw
life-sustaining
procedures,
there
shall
28
be
a
witness
present
at
the
time
of
the
consultation
with
the
29
patient’s
attending
provider
when
that
the
decision
is
made.
30
Sec.
10.
Section
144A.7A,
subsections
1
and
3,
Code
2026,
31
are
amended
to
read
as
follows:
32
1.
If
an
attending
physician
or
attending
physician
33
assistant
provider
issues
an
out-of-hospital
do-not-resuscitate
34
order
for
an
adult
patient
under
this
section
,
the
physician
35
-10-
HF
2305
(4)
91
lh/ko/md
10/
15
H.F.
2305
attending
provider
shall
use
the
form
prescribed
pursuant
to
1
subsection
2
,
include
a
copy
of
the
order
in
the
patient’s
2
medical
record,
and
provide
a
copy
to
the
patient
or
an
3
individual
authorized
to
act
on
the
patient’s
behalf.
4
3.
The
out-of-hospital
do-not-resuscitate
order
form
shall
5
include
all
of
the
following:
6
a.
The
patient’s
name.
7
b.
The
patient’s
date
of
birth.
8
c.
The
name
of
the
individual
authorized
to
act
on
the
9
patient’s
behalf,
if
applicable.
10
d.
A
statement
that
the
patient
is
in
a
terminal
condition.
11
e.
The
physician’s
or
physician
assistant’s
attending
12
provider’s
signature.
13
f.
The
date
the
form
is
signed.
14
g.
A
concise
statement
of
the
nature
and
scope
of
the
order.
15
h.
Any
other
information
necessary
to
provide
clear
and
16
reliable
instructions
to
a
health
care
provider.
17
Sec.
11.
NEW
SECTION
.
144A.7B
Procedure
in
absence
of
18
out-of-hospital
do-not-resuscitate
order.
19
1.
Resuscitation
may
be
withheld
or
withdrawn
from
a
patient
20
who
has
a
terminal
illness,
and
who
is
comatose,
incompetent,
21
or
otherwise
physically
or
mentally
incapable
of
communication,
22
and
who
has
not
executed
an
out-of-hospital
do-not-resuscitate
23
order,
if
there
is
consultation
and
written
agreement
for
24
the
withholding
or
the
withdrawal
of
resuscitation
between
25
the
attending
provider
and
another
physician,
physician
26
assistant,
or
advanced
registered
nurse
practitioner
and
any
27
of
the
following
individuals,
who
shall
be
guided
by
the
28
express
or
implied
intentions
of
the
patient,
in
the
following
29
order
of
priority
if
no
individual
in
the
previous
priority
30
is
reasonably
available,
willing,
and
competent
to
make
a
31
decision.
32
a.
The
patient’s
attorney
in
fact.
33
b.
The
guardian
of
the
patient
appointed
pursuant
to
chapter
34
633.
If
the
patient
is
appointed
more
than
one
guardian
with
35
-11-
HF
2305
(4)
91
lh/ko/md
11/
15
H.F.
2305
equal
responsibilities,
the
decision
agreed
to
by
a
majority
of
1
the
guardians.
If
no
consensus
is
achieved
by
the
guardians,
a
2
court
order
shall
be
required.
3
c.
The
patient’s
spouse.
4
d.
An
adult
child
of
the
patient
or,
if
the
patient
5
has
more
than
one
adult
child,
the
decision
agreed
to
by
a
6
majority
of
the
adult
children
who
are
reasonably
available
for
7
consultation
with
the
patient’s
attending
provider.
8
e.
A
parent
of
the
patient
or,
if
the
patient
has
more
9
than
one
parent,
the
decision
agreed
to
by
both
of
the
parents
10
if
both
are
reasonably
available
for
consultation
with
the
11
patient’s
attending
provider.
12
f.
An
adult
sibling
of
the
patient
or,
if
the
patient
13
has
more
than
one
adult
sibling,
the
decision
agreed
to
by
a
14
majority
of
the
adult
siblings
who
are
reasonably
available
for
15
consultation
with
the
patient’s
attending
provider.
16
g.
The
decision
agreed
to
by
a
majority
of
the
patient’s
17
adult
relatives,
including
but
not
limited
to
grandchildren,
18
grandparents,
aunts,
uncles,
nieces,
nephews,
stepchildren,
19
stepparents,
and
stepsiblings
who
are
reasonably
available
for
20
consultation
with
the
patient’s
attending
provider.
21
h.
A
close
adult
friend.
22
2.
When
a
decision
is
made
pursuant
to
this
section
to
23
withhold
or
withdraw
resuscitation,
a
witness
shall
be
present
24
at
the
time
of
the
consultation
with
the
patient’s
attending
25
provider
when
the
decision
is
made.
26
Sec.
12.
Section
144A.8,
subsection
1,
Code
2026,
is
amended
27
to
read
as
follows:
28
1.
An
attending
physician
provider
who
is
unwilling
to
29
comply
with
the
requirements
of
section
144A.5
,
or
who
is
30
unwilling
to
comply
with
the
declaration
of
a
qualified
31
patient
in
accordance
with
section
144A.6
or
an
out-of-hospital
32
do-not-resuscitate
order
pursuant
to
section
144A.7A
,
or
who
is
33
unwilling
to
comply
with
the
provisions
of
section
144A.7
or
34
144A.7A
shall
take
all
reasonable
steps
to
effect
the
transfer
35
-12-
HF
2305
(4)
91
lh/ko/md
12/
15
H.F.
2305
of
the
patient
to
another
physician
provider
.
1
Sec.
13.
Section
144B.1,
Code
2026,
is
amended
to
read
as
2
follows:
3
144B.1
Definitions.
4
For
purposes
of
this
chapter
,
unless
the
context
otherwise
5
requires:
6
1.
“Attending
provider”
means
the
same
as
defined
in
section
7
135J.1.
8
1.
2.
“Attorney
in
fact”
means
an
individual
who
is
9
designated
by
a
durable
power
of
attorney
for
health
care
as
an
10
agent
to
make
health
care
decisions
on
behalf
of
a
principal
11
and
has
consented
to
act
in
that
capacity.
12
2.
3.
“Designee”
means
a
person
named
in
a
declaration
13
under
chapter
144C
.
14
3.
4.
“Durable
power
of
attorney
for
health
care”
means
a
15
document
authorizing
an
attorney
in
fact
to
make
health
care
16
decisions
for
the
principal
if
the
principal
is
unable,
in
the
17
judgment
of
the
attending
physician
or
attending
physician
18
assistant
provider
,
to
make
health
care
decisions.
19
4.
5.
“Health
care”
means
any
care,
treatment,
service,
20
or
procedure
to
maintain,
diagnose,
or
treat
an
individual’s
21
physical
or
mental
condition.
“Health
care”
does
not
include
22
the
provision
of
nutrition
or
hydration
except
when
they
are
23
required
to
be
provided
parenterally
or
through
intubation.
24
5.
6.
“Health
care
decision”
means
the
consent,
refusal
of
25
consent,
or
withdrawal
of
consent
to
health
care.
26
6.
7.
“Health
care
provider”
means
a
person
who
is
27
licensed,
certified,
or
otherwise
authorized
or
permitted
by
28
the
law
laws
of
this
state
to
administer
health
care
in
the
29
ordinary
course
of
business
or
in
the
practice
of
a
profession.
30
7.
8.
“Principal”
means
a
person
age
eighteen
or
older
who
31
has
executed
a
durable
power
of
attorney
for
health
care.
32
Sec.
14.
Section
144B.5,
subsection
1,
Code
2026,
is
amended
33
to
read
as
follows:
34
1.
A
durable
power
of
attorney
for
health
care
executed
35
-13-
HF
2305
(4)
91
lh/ko/md
13/
15
H.F.
2305
pursuant
to
this
chapter
may,
but
need
not,
be
in
the
following
1
form:
2
I
hereby
designate
........
as
my
attorney
in
fact
(my
3
agent)
and
give
to
my
agent
the
power
to
make
health
care
4
decisions
for
me.
This
power
exists
only
when
I
am
unable,
in
5
the
judgment
of
my
attending
physician
or
attending
physician
6
assistant
provider
,
to
make
those
health
care
decisions.
The
7
attorney
in
fact
must
act
consistently
with
my
desires
as
8
stated
in
this
document
or
otherwise
made
known.
9
Except
as
otherwise
specified
in
this
document,
this
document
10
gives
my
agent
the
power,
where
otherwise
consistent
with
the
11
law
laws
of
this
state,
to
consent
to
my
physician
or
physician
12
assistant
attending
provider
not
giving
health
care
or
stopping
13
health
care
which
is
necessary
to
keep
me
alive.
14
This
document
gives
my
agent
power
to
make
health
care
15
decisions
on
my
behalf,
including
to
consent,
to
refuse
to
16
consent,
or
to
withdraw
consent
to
the
provision
of
any
care,
17
treatment,
service,
or
procedure
to
maintain,
diagnose,
or
18
treat
a
physical
or
mental
condition.
This
power
is
subject
19
to
any
statement
of
my
desires
and
any
limitations
included
in
20
this
document.
21
My
agent
has
the
right
to
examine
my
medical
records
and
to
22
consent
to
disclosure
of
such
records.
23
Sec.
15.
Section
144B.6,
subsection
1,
Code
2026,
is
amended
24
to
read
as
follows:
25
1.
Unless
the
district
court
sitting
in
equity
specifically
26
finds
that
the
attorney
in
fact
is
acting
in
a
manner
contrary
27
to
the
wishes
of
the
principal
or
the
durable
power
of
attorney
28
for
health
care
provides
otherwise,
an
attorney
in
fact
who
29
is
known
to
the
health
care
provider
to
be
available
and
30
willing
to
make
health
care
decisions
has
priority
over
any
31
other
person,
including
a
guardian
appointed
pursuant
to
32
chapter
633
,
to
act
for
the
principal
in
all
matters
of
health
33
care
decisions.
The
attorney
in
fact
has
authority
to
make
34
a
particular
health
care
decision
only
if
the
principal
is
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unable,
in
the
judgment
of
the
attending
physician
or
attending
1
physician
assistant
provider
,
to
make
the
health
care
decision.
2
If
the
principal
objects
to
a
decision
to
withhold
or
withdraw
3
health
care,
the
principal
shall
be
presumed
to
be
able
to
make
4
a
decision.
5
Sec.
16.
Section
144C.2,
subsection
16,
Code
2026,
is
6
amended
to
read
as
follows:
7
16.
“Licensed
hospice
program”
means
a
licensed
hospice
8
program
as
defined
described
in
section
135J.1
.
9
Sec.
17.
Section
633.635,
Code
2026,
is
amended
by
adding
10
the
following
new
subsection:
11
NEW
SUBSECTION
.
6.
Notwithstanding
subsection
2
or
3,
a
12
guardian
may
make
a
decision
for
a
protected
person
pursuant
to
13
sections
135J.3A,
144A.7,
and
144A.7B
without
court
approval.
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