Life-Sustaining Treatment Minors Parent Rights

The bill mandates that a health-care provider (provider) shall not implement a do-not-resuscitate order (DNR) for a minor without written consent from the minor's parent or legal guardian. However, if a provider makes a reasonably diligent and documented effort to contact a parent or legal guardian for 72 hours without success, the provider may enter a DNR for the minor. A parent or legal guardian may revoke their consent in writing, and such a revocation must take precedence over the prior consent and be recorded in the minor's medical records.

The bill states that a provider shall not hinder or delay the life-sustaining or resuscitative treatment, determined by the right of the parent or legal guardian of the minor, to be given to the minor unless there is destruction of the minor's circulatory system, respiratory system, and entire brain. A court does not have authority to require withdrawal of life-sustaining or resuscitative treatment for a minor unless there is destruction of the minor's circulatory system, respiratory system, and entire brain. The bill creates a presumption that the continuation of the life of a minor is in the minor's best interest.

Under the bill, a provider shall not interfere with a parent or legal guardian of a minor seeking to obtain another medical opinion or the transfer of the minor to another health facility (facility). If the parent or legal guardian requests that the minor be transferred, the provider shall:

• Provide the new facility immediate access to the minor and the minor's medical records; and
• Not hinder or delay the necessary measures or procedures needed to facilitate the transfer.

The facility receiving the minor on transfer must:

• Continue providing the life-sustaining measures and procedures being administered; and
• Make every reasonable effort to help facilitate the transfer.

Lastly, the bill directs a provider, if requested, to disclose any policies the provider has relating to services involving resuscitation or life-sustaining measures.

(Note: This summary applies to this bill as introduced.)