Physicians' orders for life sustaining treatment.

WORKING DRAFT
2012
STATE OF
WYOMING
12LSO-0238

HOUSE BILL
NO.
HB0075

Physicians
'
orders for life sustaining treatment.

Sponsored by:
Representative(s) Gingery and Senator(s) Dockstader

A BILL

for

AN ACT relating to public health; establishing the physician orders for life sustaining treatment program; providing definitions; granting rulemaking authority;
providing an appropriation;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 35
‑
22
‑
501 through 35
‑
22
‑
506 are created to read:

ARTICLE 5
PHYSICIAN ORDERS FOR LIFE SUSTAINING TREATMENT PROGRAM ACT

35
‑
22
‑
50
1
.

Short title.

This article shall be known and may be cited as the "Physician Orders for Life Sustaining Treatment Program Act."

35
‑
22
‑
50
2
.

Definitions.

(a)

As used in this article:

(i)

"
Physician Orders for Life-Sustaining Treatment (POLST) Program
"

means a
process of evaluation and communication between a patient
,
or
the patient's agent, guardian or surrogate,
and health care professionals
to:

(A)

E
nsure that the
patient, or the patient's agent, guardian or surrogate, understands decisions regarding advance health care directives;

(B)

C
onvert the
patient's
goals and preferences for care into a set of medical orders on a
POLST
form that is portable and complied with by all health professionals across care settings.

(b)

Unless otherwise provided in this article, terms in this article shall have the same meaning as in the Wyoming Health Care Decisions Act.

35
‑
22
‑
503.

POLST form and procedures.

The
director of the d
epartment of
h
ealth

shall designate a statewide working group of
at least nine (9)
individuals representing physicians, nurse practitioners, physicians assistants, hospitals, long-term care facilities, hospice, state and local emergency medical services providers and patient advocates to develop a
recommended
POLST
program protocol,
form
s

for use in a POLST program
and
POLST program
educational and evaluation methodologies for approval by the
d
epartment.

35
‑
22
‑
504.

Reliance on
a
uthority of POLST
f
orm.

(a)

If a patient whose goals and preferences for care have been entered on a valid
POLST form is transferred from one health care facility to another, the health care facility initiating the transfer shall communicate the existence of the POLST form to the receiving facility prior to the transfer. The POLST form shall accompany the
individual to the receiving facility and shall remain in effect.

The POLST form shall be reviewed by the treating health care professional
and made into a medical order at the receiving facility unless the POLST form is replaced or voided as provided in this article.

(b)

A health care professional or institution acting in good faith and in accordance with generally accepted health

care standards applicable to the health care professional or institution is not subject to civil or criminal liability
,
or to discipline for unprofessional conduct
,
for complying with a POLST form and assuming that the orders therein were valid when made and have not been revoked or terminated
absent actual notice of revocation or termination
.

(c)

An individual acting as agent, guardian or surrogate under
the Wyoming Health Care Decisions Act
is not subject to civil or criminal liability or to discipline for unprofessional conduct for signing a POLST form
or entering medical orders in good faith pursuant to a POLST form
.

33
‑
22
‑
505.

Revocation of consent to POLST form.

(a)

A
n individual
's
consent to all or part of a POLST form
may be revoked
at any time and in any manner that communicates
the individual's
intent to revoke.

(b)

An agent, guardian or surrogate may revoke consent
on behalf of a patient
to all or part of a POLST form at any time and in any manner that communicates an intent to revoke.

(c)

A health care professional, agent, guardian or surrogate who is informed of a revocation shall promptly communicate the fact of the revocation to the supervising health care professional and to any health care institution at which the patient is receiving care.

33
‑
22
‑
506.

Implementation
, rules
.

The

department of h
ealth shall
, no later than
July
1, 201
3
, adopt rules and regulations to
implement
this article and shall provide for
statewide distribution of standardized POLST forms.

Section 2.

There is appropriated ten thousand dollars ($10,000.00) from the general fund to the department of health. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2014. This appropriation shall only be expended for the development of rules and regulations implementing the physician orders for life sustaining treatment program created by this act. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2014. This appropriation shall not be included in the department's 2015-2016 standard biennial budget request.

Section
3
.

This act is effective July 1, 2012.

(END)

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HB0075