BILL NUMBER: AB 637 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Campos
FEBRUARY 24, 2015
An act to amend Section 4780 of the Probate Code, relating to
resuscitative measures.
LEGISLATIVE COUNSEL'S DIGEST
AB 637, as introduced, Campos. Physician Orders for Life
Sustaining Treatment forms.
Existing law defines a request regarding resuscitative measures to
mean a written document, signed by an individual, as specified, and
the physician, that directs a health care provider regarding
resuscitative measures, and includes a Physician Orders for Life
Sustaining Treatment form (POLST form). Existing law requires a
physician to treat a patient in accordance with the POLST form and
specifies the criteria for creation of a POLST form, including that
the form be completed by a health care provider based on patient
preferences and medical indications, and signed by a physician and
the patient or his or her legally recognized health care
decisionmaker.
This bill would authorize the signature of a nurse practitioner or
a physician assistant acting under the supervision of the physician
and within the scope of practice authorized by law to create a valid
POLST form.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4780 of the Probate Code is amended to read:
4780. (a) As used in this part:
(1) "Request regarding resuscitative measures" means a written
document, signed by (A) an individual with capacity, or a legally
recognized health care decisionmaker, and (B) the individual's
physician, that directs a health care provider regarding
resuscitative measures. A request regarding resuscitative measures is
not an advance health care directive.
(2) "Request regarding resuscitative measures" includes one, or
both of, the following:
(A) A prehospital "do not resuscitate" form as developed by the
Emergency Medical Services Authority or other substantially similar
form.
(B) A Physician Orders for Life Sustaining Treatment form, as
approved by the Emergency Medical Services Authority.
(3) "Physician Orders for Life Sustaining Treatment form" means a
request regarding resuscitative measures that directs a health care
provider regarding resuscitative and life-sustaining measures.
(b) A legally recognized health care decisionmaker may execute the
Physician Orders for Life Sustaining Treatment form only if the
individual lacks capacity, or the individual has designated that the
decisionmaker's authority is effective pursuant to Section 4682.
(c) The Physician Orders for Life Sustaining Treatment form and
medical intervention and procedures offered by the form shall be
explained by a health care provider, as defined in Section 4621. The
form shall be completed by a health care provider based on patient
preferences and medical indications, and signed by a physician ,
or a nurse practitioner or a physician assistant acting
under the supervision of the physician and within the
scope of practice authorized by law, and the patient or his or
her legally recognized health care decisionmaker. The health care
provider, during the process of completing the Physician Orders for
Life Sustaining Treatment form, should inform the patient about the
difference between an advance health care directive and the Physician
Orders for Life Sustaining Treatment form.
(d) An individual having capacity may revoke a Physician Orders
for Life Sustaining Treatment form at any time and in any manner that
communicates an intent to revoke, consistent with Section 4695.
(e) A request regarding resuscitative measures may also be
evidenced by a medallion engraved with the words "do not resuscitate"
or the letters "DNR," a patient identification number, and a 24-hour
toll-free telephone number, issued by a person pursuant to an
agreement with the Emergency Medical Services Authority.