West Virginia SB 642: Providing options in living wills and combined medical powers of attorney and living wills

Bill Text

SB 642 Text

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SB642 SUB1 

« Senate Bill 642 History

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WEST virginia legislature

2019 regular session

Committee Substitute

for

Senate Bill 642

Senators Maroney, 
Azinger, Rucker, Takubo, Trump, and Roberts, original sponsors

[Originating in the Committee on the Judiciary; Reported on 
February 23, 2019]

A BILL to amend and 
reenact §16-30-3 and §16-30-4 of the Code of West Virginia, 1931, as amended, 
all relating to providing options in living wills, and combined medical powers 
of attorney and living wills, that permit the principal to either be provided 
with medically assisted food and fluids or not to be provided with medically assisted 
food and fluids if the principal is unable to communicate his or her desires; 
redefining a term; and clarifying what constitutes a “terminal condition” and a 
“persistent vegetative state”.

Be it enacted by the 
Legislature of West Virginia:

ARTICLE 30. WEST 
VIRGINIA HEALTH CARE DECISIONS ACT.

§16-30-3. Definitions.

For the purposes of this 
article:

(a) “Actual knowledge” 
means the possession of information of the person’s wishes communicated to the 
health care provider orally or in writing by the person, the person’s medical 
power of attorney representative, the person’s health care surrogate, or other 
individuals resulting in the health care provider’s personal cognizance of 
these wishes. Constructive notice and other forms of imputed knowledge are not 
actual knowledge.

(b) “Adult” means a person 
who is 18 years of age or older, an emancipated minor who has been established 
as such pursuant to the provisions of §49-4-115 of this code, or a mature 
minor.

(c) “Advanced nurse 
practitioner” means a registered nurse with substantial theoretical knowledge 
in a specialized area of nursing practice and proficient clinical utilization 
of the knowledge in implementing the nursing process, and who has met the 
further requirements of the West Virginia Board of Examiners for Registered Professional 
Nurses rule, advanced practice registered nurse,19 CSR 7, who has a mutually 
agreed upon association in writing with a physician, and has been selected by 
or assigned to the person and has primary responsibility for treatment and care 
of the person.

(d) “Attending physician” 
means the physician selected by or assigned to the person who has primary 
responsibility for treatment and care of the person and who is a licensed 
physician. If more than one physician shares that responsibility, any of those 
physicians may act as the attending physician under this article.

(e) “Capable adult” means 
an adult who is physically and mentally capable of making health care decisions 
and who is not considered a protected person pursuant to the provisions of §44A-1-1 
et seq. of this code.

(f) “Close friend” means 
any adult who has exhibited significant care and concern for an incapacitated 
person who is willing and able to become involved in the incapacitated person’s 
health care and who has maintained regular contact with the incapacitated 
person so as to be familiar with his or her activities, health, and religious 
and moral beliefs.

(g) “Death” means a finding 
made in accordance with accepted medical standards of either: (1) The 
irreversible cessation of circulatory and respiratory functions; or (2) the 
irreversible cessation of all functions of the entire brain, including the 
brain stem.

(h) “Guardian” means a 
person appointed by a court pursuant to the provisions of §44A-1-1 et seq. 
of this code who is responsible for the personal affairs of a protected person 
and includes a limited guardian or a temporary guardian.

(i) “Health care decision” 
means a decision to give, withhold, or withdraw informed consent to any type of 
health care, including, but no