Bill Text: GA SR476 | 2009-2010 | Regular Session | Enrolled


Bill Title: Advance Directives Assessment, Planning, and Oversight; create Senate Study Committee

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Engrossed - Dead) 2009-04-01 - Senate Passed/Adopted [SR476 Detail]

Download: Georgia-2009-SR476-Enrolled.html
09 LC 33 2971
Senate Resolution 476
By: Senators Goggans of the 7th, Orrock of the 36th, Unterman of the 45th, Thomas of the 54th, Tate of the 38th and others

ADOPTED SENATE

A RESOLUTION


Creating the Senate Study Committee for Advance Directives Assessment, Planning, and Oversight; and for other purposes.

WHEREAS, over the past 30 years, "advance directives" for health care have been increasingly embraced by individuals seeking to have their wishes respected at the end of life by the medical community, its facilities, practitioners, clinicians, and first responders; and

WHEREAS, all 50 states currently have some version of advance directive legislation reflecting the consensus within the legal, political, and medical communities that patient autonomy and self-determination at the end of life should be recognized and legally protected; and

WHEREAS, the absence of a Georgia data base that registers individual's advance directives for health care poses a significant obstacle to the ability of the medical community to follow a patient's end-of-life decisions; and

WHEREAS, the establishment of a Georgia registry of advance directives for health care is technologically feasible and is crucial to ensuring compliance with individual decisions and health care accountability; and

WHEREAS, hospitals throughout Georgia vary the title and format of the paradigm designed to convey patient advance directives to health care professionals and to honor the treatment decisions made by the patient; and

WHEREAS, Physician Orders for Scope of Treatment (POST) are endorsed in the federal Health Insurance Portability and Accountability Act (HIPAA) as critical medical documents used to disclose patient wishes to all health care providers upon a patient's admission to a medical facility and whenever a patient is transferred; and

WHEREAS, the POST form enables physicians to document patient wishes as clear, specific medical orders regarding the types of life-sustaining treatment desired or refused by the individual with an advanced life-limiting illness; and

WHEREAS, it would be beneficial to study the issue of establishing a uniform format for POST forms and considering mandating the use of POST forms in all hospitals in the state to ensure that the patient and physician discuss and develop clear medical treatment plans that are based upon patient decisions and that respect patient wishes for a peaceful death with dignity.

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is created the Senate Study Committee for Advance Directives Assessment, Planning, and Oversight to study the development and administration of a state maintained data base of advance directives for the purpose of ensuring proper notification within the health care community of patient wishes and thereby validate and respect individual dignity and autonomy in end-of-life decisions and to study the establishment of a uniform format for POST forms and to consider mandating the use of such forms in all hospitals. The study committee shall be composed of five members of the Senate to be appointed by the President of the Senate. The President of the Senate shall designate a member of the committee as chairperson of the committee. The chairperson shall call all meetings of the committee.

BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, and issues mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. The allowances authorized by this resolution shall not be received by any member of the committee for more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2009, and the committee shall stand abolished on December 31, 2009.
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