House approves end-of-life bills
Posted: Wednesday, February 28, 2007
PIERRE, S.D. (AP) -- Close friends should be added to the list of those who can be consulted to help make medical decisions for incapacitated people, the South Dakota House of Representatives decided Tuesday.
State law allows people to sign living wills that spell out what treatment doctors should provide in cases where death is imminent and people are unconscious and unable to communicate. People also can sign a durable power of attorney designating someone who can make those medical decisions in such cases.
But when incapacitated patients have not signed a living will or a durable power of attorney, doctors are supposed to consult relatives to determine what care to provide. Doctors are supposed to consult, in order, a patient's spouse, adult child, parent, adult sibling, or adult uncles, aunts, nieces or nephews.
SB74 would provide that adult cousins could also be consulted. If no relative is available, doctors could consult a patient's close friend, defined in the bill as someone who has provided significant care, has maintained regular contact with the patient and is familiar with the patient's activities, health and religious and moral beliefs.
Rep. Marc Feinstein, D-Sioux Falls, said a close friend who is consulted by a doctor is likely to be someone like a next-door neighbor or a pastor.
Representatives passed the measure 67-3. It now returns to the Senate for consideration of a minor change made by the House.
The House also voted 63-7 to approve SB75, which seeks to clarify and simplify living wills. Those signed documents let doctors know what patients want done if they become terminally ill, death is imminent and they can not communicate with the doctor.
Living wills explain whether incapacitated, terminally ill patients want artificial food and water and other care.
The living will measure also was passed earlier by the Senate, which now must decide whether to accept changes made by the House.
Supporters said it will simplify the process for people who want to sign living wills.
Rep. Roger Hunt, R-Brandon, sought two changes, but his suggestions were rejected. One would have required two doctors to be consulted, while the other would have repeated language explaining when living wills take effect.
"This is one of the most important decisions anybody is going to make," Hunt said. "Who is going to determine if I have a life on a machine or I don't have a life on a machine?"
State law allows people to sign living wills that spell out what treatment doctors should provide in cases where death is imminent and people are unconscious and unable to communicate. People also can sign a durable power of attorney designating someone who can make those medical decisions in such cases.
But when incapacitated patients have not signed a living will or a durable power of attorney, doctors are supposed to consult relatives to determine what care to provide. Doctors are supposed to consult, in order, a patient's spouse, adult child, parent, adult sibling, or adult uncles, aunts, nieces or nephews.
SB74 would provide that adult cousins could also be consulted. If no relative is available, doctors could consult a patient's close friend, defined in the bill as someone who has provided significant care, has maintained regular contact with the patient and is familiar with the patient's activities, health and religious and moral beliefs.
Rep. Marc Feinstein, D-Sioux Falls, said a close friend who is consulted by a doctor is likely to be someone like a next-door neighbor or a pastor.
Representatives passed the measure 67-3. It now returns to the Senate for consideration of a minor change made by the House.
The House also voted 63-7 to approve SB75, which seeks to clarify and simplify living wills. Those signed documents let doctors know what patients want done if they become terminally ill, death is imminent and they can not communicate with the doctor.
Living wills explain whether incapacitated, terminally ill patients want artificial food and water and other care.
The living will measure also was passed earlier by the Senate, which now must decide whether to accept changes made by the House.
Supporters said it will simplify the process for people who want to sign living wills.
Rep. Roger Hunt, R-Brandon, sought two changes, but his suggestions were rejected. One would have required two doctors to be consulted, while the other would have repeated language explaining when living wills take effect.
"This is one of the most important decisions anybody is going to make," Hunt said. "Who is going to determine if I have a life on a machine or I don't have a life on a machine?"
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