HB 16-1101 Summary

• Establishes procedures for designating proxy decision-makers for adult patients who lack decisional capacity, including spouses, parents, adult children, siblings, grandchildren, or close friends.

• Attending physicians must make reasonable efforts to locate interested persons and inform them of the patient's lack of capacity; interested persons must attempt to reach consensus on who should serve as proxy decision-maker.

• Allows an attending physician to designate another willing physician as proxy decision-maker only if no interested persons can be located or are willing to serve, and requires independent capacity determination and medical ethics committee consultation.

• Establishes tiered requirements for proxy decision-making: attending physician may decide routine, low-risk treatments; written consent and ethics committee consensus required for treatments involving anesthesia or significant risk; independent physician opinion and ethics committee consensus required for withholding or withdrawing end-of-life treatment.

• Provides liability protection for physicians and healthcare facilities making reasonable attempts to locate proxy decision-makers, and for physicians acting in good faith as designated proxies, except for negligent acts or omissions.