[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 217 Introduced in House (IH)]






109th CONGRESS
  1st Session
H. RES. 217

   Supporting the rights of individuals to make medical decisions as 
    guaranteed by the Fourteenth Amendment of the Constitution and 
  encouraging all Americans to set forth their wishes in living wills 
 that designate health care surrogates and in other advance directives.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 14, 2005

Mr. Wexler (for himself and Ms. Ginny Brown-Waite of Florida) submitted 
the following resolution; which was referred to the Committee on Energy 
and Commerce, and in addition to the Committee on the Judiciary, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                               RESOLUTION


 
   Supporting the rights of individuals to make medical decisions as 
    guaranteed by the Fourteenth Amendment of the Constitution and 
  encouraging all Americans to set forth their wishes in living wills 
 that designate health care surrogates and in other advance directives.

Whereas individuals have an inalienable right to make medical decisions 
        regarding their treatment as included in their right to self-
        determination under the Fourteenth Amendment of the Constitution;
Whereas living wills and other advance directives are voluntary statements that 
        allow individuals to specify the types of medical treatment that they 
        would request or refuse if an illness or an accident leaves them 
        incapable of making decisions on these matters, including, as 
        applicable, end-of-life medical decisions such as the time and under 
        what conditions an agreement or power of attorney takes effect; the 
        identification of a health care surrogate; the extent to which cross-
        consultation should occur; decisions about artificially administered 
        nutrition or hydration; being kept alive on a respirator or being given 
        cardiopulmonary resuscitation for cardiac arrest; and the circumstances 
        when revocation may be possible;
Whereas it is advisable that a living will designate a health care surrogate, 
        which is someone who is authorized to make decisions that are in 
        accordance with the requests of an individual if an illness or an 
        accident leaves that individual incapable of making decisions on these 
        matters;
Whereas it is important for individuals in good health to discuss end-of-life 
        medical treatment with their spouses, other family members, physicians, 
        nurses, and clergy, and to communicate openly on these issues in an 
        effort to ameliorate the many difficult decisions that must be made in 
        cases where the patient is unable to communicate his or her wishes due 
        to incapacitation;
Whereas the amendments made by section 4206 of Public Law 101-508, commonly 
        referred to as the Patient Self-Determination Act of 1990, encourage 
        individuals to specify their wishes in advance and requires health care 
        agencies receiving Medicare and Medicaid reimbursement to recognize 
        living wills and the power of attorney for health care as advance 
        directives;
Whereas State and Federal court decisions have established the right of an 
        incompetent or comatose patient to have his or her medical wishes 
        respected, as long as those wishes are known;
Whereas section 1044c of title 10, United States Code, provides that, in the 
        case of members of the Armed Forces and their dependents, an advance 
        medical directive, including a living will, lawfully prepared by an 
        attorney has full effect in all 50 States, the District of Columbia, the 
        commonwealth of Puerto Rico, and the possessions and territories of the 
        United States; and
Whereas living wills that designate health care surrogates and other advance 
        directives establish clear and convincing evidence of what treatment is 
        best in keeping with the wishes of an individual with respect to health 
        care choices and personal and religious beliefs, when that individual 
        can no longer communicate those wishes: Now, therefore, be it
    Resolved,  That the House of Representatives--
            (1) reaffirms the rights of individuals to make medical 
        decisions as guaranteed under the Fourteenth Amendment to the 
        Constitution;
            (2) recognizes the importance and benefits to all 
        Americans, regardless of age, of having living wills that 
        designate health care surrogates or of using other advance 
        directives to express their wishes and values regarding their 
        medical care; and
            (3) encourages all Americans to set forth their health care 
        wishes in living wills that designate health care surrogates or 
        in other advance directives and to talk to their families and 
        loved ones about the types of medical treatment that the 
        individuals prefer whenever they are incapable of making 
        informed health care decisions.
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