North Carolina HB 790: Living Wills Clarified.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H 1

HOUSE BILL 790

Short Title: Living Wills Clarified. (Public)

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Sponsors: Representatives Gamble; and G. Miller.

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Referred to: Judiciary I.

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April 10, 1995

A BILL TO BE ENTITLED 1
AN ACT TO CLARIFY AND SIMPLIFY THE DECLARATION OF A RIGHT TO A 2
NATURAL DEATH. 3
Whereas, 20 years ago, the North Carolina General Assembly passed legislation
authorizing a "living will", to enable people to decide before they became terminally ill
that they did not want to have life prolonged if they became terminally ill and to make
this decision known to health care providers; and
Whereas, recent legislation has modified the living will to allow consideration of
persistent vegetative state as well as of terminal illness in using a living will; and
Whereas, Congress has now mandated the availability of living wills or advance
directives in hospitals; and
Whereas, although the public's use of living wills is still very limited, the North Carolina
General Assembly has enacted legislation permitting the use of a durable power of
attorney for health care, which use depends on very complicated legal forms and analysis
and does not help to encourage the public use of advance directives or living wills; and
Whereas, simplifying and clarifying the living will process will greatly help the public
use living wills or advance directives; Now, therefore;
The General Assembly of North Carolina enacts: 4
Section 1. G.S. 90-321 reads as rewritten: 5
"§ 90-321. Right to a natural death. 6

GENERAL ASSEMBLY OF NORTH CAROLINA 1995
Page 2 HOUSE BILL 790 version 1
(a) As used in this Article the term: 1
(1) 'Declarant' means a person who has signed a declaration in accordance 2
with subsection (c); 3
(2) 'Extraordinary means' is defined as any medical procedure or 4
intervention intervention, including any short-term therapy or support 5
such as oxygen or fluid therapy, which in the judgment of the attending 6
physician would serve only to postpone artificially the moment of death 7
by sustaining, restoring, or supplanting a vital function; 8
(3) 'Physician' means any person licensed to practice medicine under 9
Article 1 of Chapter 90 of the laws of the State of North Carolina; 10
(4) 'Persistent vegetative state' is a medical condition whereby in the 11
judgment of the attending physician the patient suffers from a sustained 12
complete loss of self-aware cognition and, without the use of 13
extraordinary means or artificial nutrition or hydration, will succumb to 14
death within a short period of time. time; 15
(5) 'Terminal condition' means an incurable or irrevocable condition that, 16
without the administration of extraordinary means, will, in the opinion 17
of the attending physician, result in death within a relatively short time. 18
(b) If a person has declared, in accordance with subsection (c) below, a desire that 19
his life not be prolonged by extraordinary means or by artificial nutrition or hydration, 20
regardless of whether administered through an invasive medical procedure, and the 21
declaration has not been revoked in accordance with subsection (e); and 22
(1) It is determined by the attending physician that the declarant's present 23
condition is 24
a. Terminal and incurable; Terminal; or 25
b. Repealed by Session Laws 1993, c. 553, s. 28. 26
c. Diagnosed as a persistent vegetative state; and 27
(2) There is confirmation of the declarant's present condition as set out 28
above in subdivision (b)(1) by a physician other than the attending 29
physician; 30
then extraordinary means or artificial nutrition or hydration, regardless of whether 31
administered through an invasive medical procedure, as specified by the declarant, may 32
be withheld or discontinued upon the direction and under the supervision of the attending 33
physician. 34
(c) The attending physician may rely upon a (i) signed, witnessed, dated and proved 35
witnessed or proved, and dated or (ii) holographic and dated declaration: 36
(1) Which expresses a desire of the declarant that extraordinary means or 37
artificial nutrition or hydration hydration, regardless of whether 38
administered through an invasive medical procedure, not be used to 39
prolong his life if his the declarant's condition is determined to be 40
terminal and incurable, terminal, or if the declarant is diagnosed as being 41
in a persistent vegetative state; and 42

GENERAL ASSEMBLY OF NORTH CAROLINA 1995
HOUSE BILL 790 version 1 Page 3
(2) Which states that the declarant is aware that the declaration authorizes a 1
physician to withhold or discontinue the extraordinary means or 2
artificial nutrition or hydration; hydration, regardless of whether 3
administered through an invasive medical procedure; and 4
(3) Which has been signed by the declarant in the presence of two witnesses 5
who believe the declarant to be of sound