HB 1458 IN

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Became Law

Provides that a declarant may include a person for whom a proxy has executed an out of hospital do not resuscitate (DNR) declaration if the person: (1) is at least 18 years of age and is certified as a qualified person; (2) is incapacitated or incompetent; and (3) has no representative who is able and available to execute an out of hospital DNR declaration. Defines "incapacitated" as related to an out of hospital DNR declaration. Defines "proxy" as related to an out of hospital DNR declaration and a physician order for scope of treatment (POST). Provides that a person's proxy may execute an out of hospital DNR declaration if certain conditions are met. Creates a declaration and order form to be used by hospitals if the declarant is incapacitated or incompetent. Allows a qualified person's proxy to complete a POST form if the person is incapable of making health care decisions and no representative is able and available to act. Allows a proxy to revoke a POST form or request alternative treatment. Provides that if alternative treatment is requested, the treating medical provider shall review the POST form with the declarant, the declarant's representative, or the proxy who has priority to act for the declarant. Makes conforming changes.

• Brad Barrett Republican · author
• Tyler Johnson Republican · sponsor
• Scott Alexander Republican · sponsor
• Liz Brown Republican · sponsor

1. Jan 17, 2023 Coauthored by Representative Fleming · lower
2. Jan 17, 2023 Authored by Representative Barrett · lower
3. Jan 17, 2023 First reading: referred to Committee on Public Health · lower
4. Jan 24, 2023 Committee report: do pass, adopted · lower
5. Jan 26, 2023 Second reading: ordered engrossed · lower
6. Jan 30, 2023 Senate sponsor: Senator Johnson · lower
7. Jan 30, 2023 Third reading: passed; Roll Call 47: yeas 96, nays 0 · lower
8. Jan 30, 2023 Representatives Hatfield and Criswell C added as coauthors · lower
9. Jan 31, 2023 Referred to the Senate · lower
10. Feb 27, 2023 First reading: referred to Committee on Judiciary · upper
11. Mar 9, 2023 Committee report: amend do pass, adopted · upper
12. Mar 13, 2023 Second reading: ordered engrossed · upper
13. Mar 13, 2023 Senator Brown L added as third sponsor · upper
14. Mar 13, 2023 Senator Alexander added as second sponsor · upper
15. Mar 14, 2023 Third reading: passed; Roll Call 220: yeas 47, nays 0 · upper
16. Mar 15, 2023 Returned to the House with amendments · upper
17. Mar 27, 2023 Motion to concur filed · lower
18. Mar 28, 2023 House concurred in Senate amendments; Roll Call 326: yeas 94, nays 0 · lower
19. Apr 3, 2023 Signed by the Speaker · lower
20. Apr 4, 2023 Signed by the President Pro Tempore · upper
21. Apr 17, 2023 Signed by the President of the Senate · upper
22. Apr 20, 2023 Public Law 86 · lower
23. Apr 20, 2023 Signed by the Governor · executive

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Enrolled House Bill (H) · Mar 29, 2023 · PDF
• Introduced House Bill (H) · Jan 17, 2023 · PDF
• House Bill (H) · Jan 24, 2023 · PDF
• House Bill (S) · Mar 9, 2023 · PDF