Natural death act/pregnancy

AN ACT Relating to removing references to pregnancy from the 1
model directive form under the natural death act; and amending RCW 2
70.122.030. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 70.122.030 and 2019 c 209 s 2 are each amended to 5
read as follows: 6
(1) Any adult person may execute a directive directing the 7
withholding or withdrawal of life-sustaining treatment in a terminal 8
condition or permanent unconscious condition. The directive shall be 9
signed by the declarer and acknowledged before a notary public or 10
other individual authorized by law to take acknowledgments or signed 11
by the declarer in the presence of two witnesses not related to the 12
declarer by blood or marriage and who would not be entitled to any 13
portion of the estate of the declarer upon declarer's decease under 14
any will of the declarer or codicil thereto then existing or, at the 15
time of the directive, by operation of law then existing. In 16
addition, a witness to a directive shall not be the attending 17
physician, an employee of the attending physician or a health 18
facility in which the declarer is a patient, or any person who has a 19
claim against any portion of the estate of the declarer upon 20
declarer's decease at the time of the execution of the directive. The 21
S-0066.2
SENATE BILL 5096
State of Washington 69th Legislature 2025 Regular Session
By Senators Dhingra, Riccelli, Cleveland, Bateman, Pedersen, C.
Wilson, Nobles, Salomon, Slatter, Stanford, and Valdez
Prefiled 12/20/24. Read first time 01/13/25. Referred to Committee
on Law & Justice.
p. 1 SB 5096
directive, or a copy thereof, shall be made part of the patient's 1
medical records retained by the attending physician, a copy of which 2
shall be forwarded by the custodian of the records to the health 3
facility when the withholding or withdrawal of life-support treatment 4
is contemplated. The directive may be in the following form and may 5
include a notarial certificate for an acknowledgment in an individual 6
capacity in short form as permitted by state law, but in addition may 7
include other specific directions: 8
Health Care Directive 9
Directive made this . . . . day of . . . . . . (month, year).10
I . . . . . ., having the capacity to make health care decisions, 11
willfully, and voluntarily make known my desire that my dying shall 12
not be artificially prolonged under the circumstances set forth 13
below, and do hereby declare that: 14
(a) If at any time I should be diagnosed in writing to be in a 15
terminal condition by the attending physician, or in a permanent 16
unconscious condition by two physicians, and where the application of 17
life-sustaining treatment would serve only to artificially prolong 18
the process of my dying, I direct that such treatment be withheld or 19
withdrawn, and that I be permitted to die naturally. I understand by 20
using this form that a terminal condition means an incurable and 21
irreversible condition caused by injury, disease, or illness, that 22
would within reasonable medical judgment cause death within a 23
reasonable period of time in accordance with accepted medical 24
standards, and where the application of life-sustaining treatment 25
would serve only to prolong the process of dying. I further 26
understand in using this form that a permanent unconscious condition 27
means an incurable and irreversible condition in which I am medically 28
assessed within reasonable medical judgment as having no reasonable 29
probability of recovery from an irreversible coma or a persistent 30
vegetative state. 31
(b) In the absence of my ability to give directions regarding the 32
use of such life-sustaining treatment, it is my intention that this 33
directive shall be honored by my family and physician (s) as the final 34
expression of my legal right to refuse medical or surgical treatment 35
and I accept the consequences of such refusal. If another person is 36
appointed to make these decisions for me, whether through a durable 37
power of attorney or otherwise, I request that the person be guided 38
by this directive and any other clear expressions of my desires.39
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(c) If I am diagnosed to be in a terminal condition or in a 1
permanent unconscious condition (check one): 2
I DO want to have artificially provided nutrition and hydration.3
I DO NOT want to have artificially provided nutrition and 4
hydration. 5
(d) ((If I have been diagnosed as pregnant and that diagnosis is 6
known to my physician, this directive shall have no force or effect 7
during the course of my pregnancy.8
(e))) I understand the full import of this directive and I am 9
emotionally and mentally capable to make the health care decisions 10
contained in this directive. 11
(((f))) (e) I understand that before I sign this directive, I can 12
add to or delete from or otherwise change the wording of this 13
directive and that I may add to or delete from this directive at any 14
time and that any changes shall be consistent with Washington state 15
law or federal constitutional law to be legally valid.16
(((g))) (f) It is my wish that every part of this directive be 17
fully implemented. If for any reason any part is held invalid it is 18
my wish that the remainder of my directive be implemented.19
20 Signed . . . . . . . . . . . . . . .
City, County, and State of Residence21
The declarer has been personally known to me or has provided proof of 22
identity and I believe him or her to be capable of making health care 23
decisions. 24
25 Witness . . . . . . . . . . . . . . .
26 Witness . . . . . . . . . . . . . . .
(2) Prior to withholding or withdrawing life-sustaining 27
treatment, the diagnosis of a terminal condition by the attending 28
physician or the diagnosis of a permanent unconscious state by two 29
physicians shall be entered in writing and made a permanent part of 30
the patient's medical records. 31
(3) A directive executed in another political jurisdiction is 32
valid to the extent permitted by Washington state law and federal 33
constitutional law. 34
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