Bill No.: HB0107                     Drafter:  JWL

 

LSO No.:   05LSO-0145                 Effective Date:  7/1/2005

 

Enrolled Act No.:    HEA0092

 

Chapter No.:         161

 

Prime Sponsor:       Joint Labor, Health and Social Services Interim Committee

 

Catch Title:         Uniform health care decisions.

 

Subject:   Creates the Wyoming Health Care Decisions Act

 

Summary/Major Elements:

 

·         Creates the Wyoming Health Care Decisions Act, replacing current provisions on living wills and durable medical powers of attorney;

 

·         Authorizes a person to sign an "advance health care directive," which may include both an "individual instruction" concerning health care decisions and a "power of attorney for health care" to designate an "agent" to make health care decisions for the person;

 

·         Prescribes requirements for the execution, revocation of and compliance with individual instructions and powers of attorney for health care;

 

·         Prescribes an optional form for advance health care directives;

 

·         Provides that a medical "surrogate" may make health care decisions for an incapacitated person who has no designated agent, and provides a prioritized list of persons who may act as surrogate for an incapacitated person;

 

·         Prescribes duties of health care providers and facilities in complying with advance health care directives or decisions by agents/surrogates;

 

·         Allows a health care provider to decline to comply with an individual instruction or health care decision for reasons of conscience or to avoid medically ineffective or substandard care;

 

·         Provides limited civil and criminal immunity for health care providers and institutions in relation to this act;

 

·         Provides for liquidated or actual damages against: a provider or facility who willfully or recklessly violates a patient's instruction or health care decision; any person who intentionally falsifies, conceals or destroys an advance health care directive or coerces a decision regarding an advance health care directive

 

·         Provides for jurisdiction in the district courts to enjoin or direct a health care decision or order other equitable relief.