HB40: relative to living wills and durable powers of attorney for health care.

HB 40 – AS INTRODUCED

2007 SESSION

07-0090

01/04

HOUSE BILL 40

AN ACT relative to living wills and durable powers of attorney for health care.

SPONSORS: Rep. Rowe, Hills 6; Rep. Mooney, Hills 19; Rep. N. Elliott, Hills 19

COMMITTEE: Judiciary

ANALYSIS

This bill requires that an original of the advance directive be delivered to the health care provider if the terms of the advance directive might become applicable. Current law allows a copy of such advance directive to be delivered under such circumstances.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-0090

01/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to living wills and durable powers of attorney for health care.

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

1 Advance Directives; Provider's Responsibilities. Amend RSA 137-J:7, I(b) to read as follows:

(b) Any person having in his or her possession a duly executed advance directive or a revocation thereof, if it becomes known to that person that the principal executing the same is in such circumstances that the terms of the advance directive might become applicable (such as when the principal becomes a “qualified patient”), shall forthwith deliver an original [or copy] of the same to the health care provider or residential care provider with which the principal is a patient.

2 Effective Date. This act shall take effect upon its passage.