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Bill to create priority list for incapacitated persons’ health‑care representatives draws mixed questions
Summary
House Bill 3,080 would establish an enumerated priority list to identify who may act as an incapacitated person's health‑care representative, allow reliance by providers on a declaration, and set limits including exclusions and rules for consent; advocates raised due‑process and definition concerns at the March 25 hearing.
House Committee on Judiciary members on March 25 took public testimony on House Bill 3,080, which would establish a statutory priority list of persons who should be appointed as an incapacitated person's health-care representative when the person lacks capacity and no other authority exists.
Sponsor Representative Emerson Levy summarized the bill as an "enumerated list" modeled on Washington state law to give clinicians statutory reliance when rapid decisions are needed: "This is a practical thing that comes up often... it puts a physician in a place of having to make that decision and it broadens the list who can serve as a health care representative for an incapacitated individual."
Under the draft described to the committee, the order would…
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