SB 1088

Existing law defines a request regarding resuscitative measures to mean a written document, signed by an individual with capacity or legally recognized health care decisionmaker and the individual’s physician that directs a health care provider regarding resuscitative measures, as prescribed. Existing law includes a prehospital “do not resuscitate” form, as developed by the Emergency Medical Services Authority or other substantially similar form, and Physician Orders for Life Sustaining Treatment form (POLST form), as approved by the Emergency Medical Services Authority as requests regarding resuscitative measures. This bill would replace the term “Physician Orders for Life Sustaining Treatment” with “POLST,” or “Portable Orders Listing Scope of Treatment.” The bill would authorize a request regarding resuscitative measures to be entered into by an individual with capacity or a health care, agent, conservator, or surrogate, as defined, and a physician, nurse practitioner, or physician assistant acting under the supervision of the physician. The bill would specify that a request regarding resuscitative measures is entirely voluntary and the provision of care or admission to a facility cannot be conditioned on completion of or refusal to complete a POLST or prehospital “do not resuscitate” order. Existing law prescribes requirements for forms for requests regarding resuscitative measures, including, among other things, that the form be signed by the executing parties. The bill would specify that an electronic signature, as defined, is sufficient for any signature required for a request regarding resuscitative measures. The bill would require the document to contain the date on which the document was signed by the health care provider and the patient or their health care agent, conservator, or surrogate, but would clarify that the failure to include this date would not invalidate an otherwise valid POLST form. Under this bill, a request regarding resuscitative measures executed in another state or jurisdiction that complies with the laws of that state or jurisdiction or the laws of California is considered valid and enforceable in California to the same extent as a request regarding resuscitative measures validly executed in California. The bill would specify that, in the absence of knowledge to the contrary, a physician or other health care provider may presume that a request regarding resuscitative measures, whether executed in another state or jurisdiction or in California, is valid and unrevoked. The bill would make conforming changes.