CHAPTER 251

HB 1216 – FINAL VERSION

14Mar2012… 0952h

05/16/12 2229s

6June2012… 2453CofC

2012 SESSION

12-2028

01/05

HOUSE BILL 1216

AN ACT relative to the authority for withholding or withdrawal of life-sustaining treatment.

SPONSORS: Rep. Itse, Rock 9; Rep. Ingbretson, Graf 5

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill clarifies the protocol of a health care facility licensed under RSA 151 regarding authority for withholding or withdrawal of life-sustaining treatment from a mentally incompetent or developmentally disabled person.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

14Mar2012… 0952h

05/16/12 2229s

6June2012… 2453CofC

12-2028

01/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to the authority for withholding or withdrawal of life-sustaining treatment.

Be it Enacted by the Senate and House of Representatives in General Court convened:

251:1 Advance Directives; Withholding or Withdrawal of Life-Sustaining Treatment. Amend RSA 137-J:10, IV(b) to read as follows:

(b) The withholding or withdrawing of medically administered nutrition and hydration or life-sustaining treatment from a mentally incompetent or developmentally disabled person, unless such person has a validly executed advance directive or such action is authorized by an existing guardianship or other court order, or, in the absence of such directive, authorization, or order, such action is taken in accordance with the [facility’s] standard protocol of a health care facility licensed under RSA 151 as applicable to its general patient population.

251:2 Effective Date. This act shall take effect January 1, 2013.

Approved: June 18, 2012

Effective Date: January 1, 2013