Mississippi Legislature

1998 Regular Session

House Bill 546

[Introduced] [Passed House] [Sent to Governor]

Instructions Bill Status Menu





History of Actions

Background

Title

Description: Health-care decisions; uniform act (NCCUSL).

History of Actions:

101/06/98(H)Referred To Judiciary A
202/02/98(H)Title Suff Do Pass
302/10/98(H)Amended
402/10/98(H)Passed As Amended
502/12/98(H)Transmitted To Senate
602/13/98(S)Referred To Judiciary;Public Health and Welfare
703/03/98(S)DR - TSDPAA: JU To PH
803/03/98(S)Title Suff Do Pass As Amended
903/10/98(S)Amended
1003/10/98(S)Passed As Amended
1103/12/98(S)Returned For Concurrence
1203/18/98(H)Decline to Concur/Invite Conf
1303/20/98(H)Conferees Named Perry,Simpson,Moss
1403/24/98(S)Conferees Named Turner,Robertson,Bean
1503/30/98(H)Conference Report Filed
1603/30/98(S)Conference Report Filed
1704/01/98(H)Conference Report Adopted
1804/01/98(S)Conference Report Adopted
1904/03/98(H)Enrolled Bill Signed
2004/03/98(S)Enrolled Bill Signed
2104/03/98Due From Governor 04/21/98
2204/14/98Approved by Governor

Background Information:

Effective dateJuly 1, 1998
DispositionLaw
DeadlineGeneral Bill/Constitutional Amendment
RevenueNo
3/5ths vote requiredNo
Chapter number542

House Committee:

Senate Committees:

Principal Author: Perry

Code Sections: A 041-0041-0003, RP 041-0041-0009, RP 041-0041-0005

Title: AN ACT TO ESTABLISH THE UNIFORM HEALTH-CARE DECISIONS ACT; TO PRESCRIBE DEFINITIONS OF CERTAIN HEALTH-CARE TERMS; TO PRESCRIBE THE PROCEDURES FOR EXECUTING A POWER OF ATTORNEY FOR HEALTH CARE DECISIONS; TO PRESCRIBE THE PROCEDURES FOR REVOCATION OF AN ADVANCE HEALTH-CARE DIRECTIVE; TO PRESCRIBE THE OPTIONAL FORM FOR CREATING AN ADVANCE HEALTH-CARE DIRECTIVE; TO PROVIDE THAT A SURROGATE MAY MAKE A HEALTH-CARE DECISION FOR AN ADULT OR EMANCIPATED MINOR THAT HAS BEEN DETERMINED TO LACK CAPACITY; TO PROVIDE THAT A GUARDIAN MAY MAKE CERTAIN HEALTH-CARE DECISIONS FOR HIS WARD UNDER CERTAIN CIRCUMSTANCES; TO PRESCRIBE THE DUTIES OF THE HEALTH-CARE PROVIDER WHEN A HEALTH-CARE DECISION IS MADE FOR A PATIENT; TO PROVIDE THAT A PERSON MAKING A HEALTH-CARE DECISION FOR A PATIENT HAS THE RIGHT TO REQUEST AND RECEIVE MEDICAL OR ANY OTHER HEALTH-CARE INFORMATION; TO PROVIDE THAT A HEALTH-CARE PROVIDER OR INSTITUTION ACTING IN GOOD FAITH AND IN ACCORDANCE WITH GENERALLY ACCEPTED HEALTH-CARE STANDARDS IS NOT SUBJECT TO CIVIL OR CRIMINAL LIABILITY UNDER CERTAIN CIRCUMSTANCES; TO PRESCRIBE A PENALTY FOR VIOLATION OF THIS ACT BY A HEALTH-CARE PROVIDER OR INSTITUTION; TO PRESCRIBE A PENALTY FOR ANY PERSON WHO TAMPERS WITH AN INDIVIDUAL'S ADVANCE HEALTH-CARE DIRECTIVE OR REVOCATION OF AN ADVANCE HEALTH-CARE DIRECTIVE; TO PROVIDE THAT AN INDIVIDUAL IS PRESUMED TO HAVE CAPACITY TO MAKE A HEALTH-CARE DECISION OR TO GIVE OR REVOKE AN ADVANCE HEALTH-CARE DIRECTIVE AND TO DESIGNATE OR DISQUALIFY A SURROGATE; TO PROVIDE THAT A COPY OF AN ADVANCE HEALTH-CARE DIRECTIVE, REVOCATION OF AN ADVANCE HEALTH-CARE DIRECTIVE OR DESIGNATION OR DISQUALIFICATION OF A SURROGATE HAS THE SAME EFFECT AS THE ORIGINAL; TO PROVIDE THAT THIS ACT DOES NOT AUTHORIZE SUICIDE, HOMICIDE, OR MERCY KILLING, DOES NOT AUTHORIZE A HEALTH-CARE PROVIDER OR INSTITUTION TO PROVIDE HEALTH CARE CONTRARY TO GENERALLY ACCEPTED HEALTH-CARE STANDARDS, DOES NOT AFFECT OTHER STATUTES GOVERNING THE TREATMENT FOR MENTAL ILLNESS OR STATUTES GOVERNING THE PERFORMANCE OF ABORTIONS; TO PROVIDE THAT ON PETITION ANY COURT MAY ENJOIN OR DIRECT A HEALTH-CARE DECISION; TO AMEND SECTION 41-41-3, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 41-41-5 AND 41-41-9, MISSISSIPPI CODE OF 1972, WHICH GOVERN CONSENT TO SURGICAL OR MEDICAL TREATMENT OR PROCEDURES; TO REPEAL SECTIONS 41-41-101, 41-41-103, 41-41-105, 41-41-107, 41-41-109, 41-41-111, 41-41-113, 41-41-115, 41-41-117, 41-41-119 AND 41-41-121, MISSISSIPPI CODE OF 1972, WHICH GOVERN THE WITHDRAWAL OF LIFE-SAVING MECHANISMS; TO REPEAL SECTIONS 41-41-151, 41-41-153, 41-41-155, 41-41-157, 41-41-159, 41-41-161, 41-41-163, 41-41-165, 41-41-167, 41-41-169, 41-41-171, 41-41-173, 41-41-175, 41-41-177, 41-41-179, 41-41-181 AND 41-41-183, MISSISSIPPI CODE OF 1972, WHICH CONSTITUTE THE DURABLE POWER OF ATTORNEY FOR HEALTH CARE ACT; AND FOR RELATED PURPOSES.


Information pertaining to this measure was last updated on 05/05/98 at 08:45.



End Of Document

1998/History/HB\HB0546.htm