May 5, 2005, Introduced by Reps. Stahl, Palmer, Garfield, Gosselin, Stakoe, Vander Veen, Sheen, Taub, Hummel, Pastor and Moolenaar and referred to the Committee on Judiciary.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding part 56B.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 56B
WITHHOLDING OR WITHDRAWAL OF NUTRITION OR HYDRATION
Sec. 5675. (1) As used in this part:
(a) "Patient" means an individual who is under the care of a
physician.
(b) "Patient advocate" means that term as defined in section
1106 of the estates and protected individuals code, 1998 PA 386,
MCL 700.1106.
(c) "Patient surrogate" means the parent or legal guardian of
a patient who is a minor or a member of the immediate family, the
next of kin, or the legal guardian of a patient who has a condition
other than minority that prevents the patient from giving consent
to medical treatment.
(d) "Persistent vegetative state" means a permanent and
irreversible condition of unconsciousness in which there is no
voluntary action or cognitive behavior of any kind and no ability
to communicate or interact purposefully with the environment.
(e) "Physician" means that term as defined in section 17001 or
17501.
(2) Article 1 contains general definitions and principles of
construction applicable to all articles in this code.
Sec. 5677. If a patient is diagnosed as being in a persistent
vegetative state and the patient has not designated a patient
advocate, has designated a patient advocate but the designation
does not specifically authorize the patient advocate to withhold or
withdraw nutrition or hydration in the event that the patient is
diagnosed as being in a persistent vegetative state, or the
patient's immediate family disagrees on the issue of withholding or
withdrawing nutrition or hydration, a physician shall not withhold
or withdraw nutrition or hydration from that patient unless any of
the following conditions apply:
(a) In the physician's reasonable medical judgment and in
compliance with the applicable standard of practice and care, any
of the following apply:
(i) The provision of nutrition or hydration is not medically
possible.
(ii) The provision of nutrition or hydration would hasten
death.
(iii) The patient's condition is such that the provision of
nutrition or hydration would not contribute to sustaining the
patient's life or provide comfort to the patient.
(b) The patient has executed a written advanced directive or a
living will in accordance with the provisions of another state that
specifically authorizes the withholding or withdrawal of nutrition
or hydration if he or she is diagnosed as being in a persistent
vegetative state.
(c) The patient has expressed in a clear and convincing manner
that if diagnosed as being in a persistent vegetative state he or
she would consent to the withholding or withdrawal of nutrition or
hydration that would allow him or her to die.
Sec. 5679. A life insurer, a health insurer, or a health care
payment or benefits plan shall not do any of the following because
a patient is diagnosed as being in a persistent vegetative state
and the patient, the patient's patient surrogate, or the patient
advocate has authorized the withholding or withdrawal of nutrition
or hydration:
(a) Refuse to provide or continue coverage or benefits to the
patient within the scope and level of coverage or benefits of an
existing policy, certificate, or contract.
(b) Limit the amount of coverage or benefits available to the
patient within the scope and level of coverage or benefits of an
existing policy, certificate, or contract.
(c) Charge the patient a different rate for coverage or
benefits under an existing policy, certificate, or contract.
(d) Consider the terms of an existing policy, certificate, or
contract to have been breached or modified.
(e) Invoke a suicide or intentional death exemption or
exclusion in a policy, certificate, or contract covering the
patient.
Sec. 5681. This part does not do the following:
(a) Impair or supersede a legal right a parent, patient,
patient advocate, legal guardian, or other individual may have to
authorize or deny the withholding or withdrawing of nutrition or
hydration on behalf of a patient who is diagnosed as being in a
persistent vegetative state.
(b) Create a presumption about the desire of a patient who is
diagnosed as being in a persistent vegetative state to withhold or
withdraw nutrition or hydration.
(c) Limit the ability of a court making a determination about
a decision of a patient who is diagnosed as being in a persistent
vegetative state to take into consideration all of the following
state interests:
(i) The preservation of life.
(ii) The prevention of suicide.
(iii) The protection of innocent third parties.
(iv) The preservation of the integrity of the medical
profession.
(d) Condone, authorize, or approve suicide, assisted suicide,
mercy killing, or euthanasia.