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HB 0235 - Incapacitated persons; medical treatment; decision-making panel; provide

Tracking Level: Monitor
Sponsor: Shipp,Robbin 58th
Last Action: 3/11/2008 - House Committee Favorably Reported
House Committee: Judy
Assigned To:
08. Probate CourtsNext Bill

Staff Analysis of the Legislation

Amend Chapter 9 of Title 31.  Relating to consent for surgical or medical treatment.  Upon the inability of any adult to consent and in the absence of any person to consent the following persons in the following order of priority may consent: (added to the bottom of the list) any close personal friend of the patient who does not receive compensation from such patient or has demonstrated a sincere and long standing interest in the welfare of the patient. Close personal friend is defined.  Provide that a surrogate decision-making panel shall be included as a last resort entity that is authorized to consent to surgical or medical treatment on behalf of an incapacitated person.  The Department of Human Resources shall establish and maintain four regional surrogate decision-making panels.  Each panel shall be composed of community volunteers, businessperson, attorneys, and others.  Within 24 hours of knowledge that no authorized person can be located to consent to surgical or medical treatment on behalf of an incapacitated patient in a hospital in Georgia, such hospital shall establish and convene an interdisciplinary ad hoc committee to be composed of medical staff, ethicists, clergy, hospital administrators, and the treating physician.  Within such 24 hours the committee shall review the patient�s medical record and shall make a referral to the appropriate surrogate decision-making panel.  The panel shall make any decisions relating to the patient�s surgical or medical treatment.  If at any time a person authorized to consent on behalf of the patient becomes available the committee and panel shall cease any review or involvement.  Any member of the panel or committee shall be immune from any civil or criminal liability.


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