State of New Mexico House of Representatives FORTY-THIRD LEGISLATURE FIRST SESSION, 1997 March 4, 1997 Mr. Speaker: Your CONSUMER AND PUBLIC AFFAIRS COMMITTEE, to whom has been referred HOUSE BILL 1202 has had it under consideration and reports same with recommendation that it DO PASS, amended as follows: 1. On page 1, line 13, strike "AND REPEALING" and insert in lieu thereof ", REPEALING AND ENACTING". 2. On page 2, lines 10 and 11, strike "under the age of eighteen" and insert in lieu thereof "between the ages of sixteen and eighteen". 3. On page 2, lines 12 and 13, strike "is between the ages of sixteen and eighteen and". 4. On page 3, line 24, strike "physicians" and insert in lieu thereof "physician". 5. On page 4, line 16, after "adult" insert "or emancipated minor". 6. On page 12, line 19, strike "outweight" and insert in lieu thereof "outweigh". 7. On page 13, lines 5 through 8, strike all underscored material. 8. On page 15, line 17, strike "only" and insert in lieu thereof "either". 9. On page 18, between lines 19 and 20, insert the following new subsection: "G. A health-care decision made by a surrogate for a patient shall not be made solely on the basis of the patient's pre- existing physical or medical condition or pre-existing or projected disability.". 10. Reletter the succeeding subsections accordingly and adjust all cross-references to correspond with these amendments. 11. On page 31, between lines 24 and 25, insert the following new sections: "Section 13. A new section of the Uniform Health-Care Decisions Act is enacted to read: "[NEW MATERIAL] DECISIONS FOR UNEMANCIPATED MINORS.-- A. Except as otherwise provided by law, a parent or guardian of an unemancipated minor may make that minor's health-care decisions. B. A parent or guardian of an unemancipated minor shall have the authority to withhold or withdraw life-sustaining treatment for the unemancipated minor, subject to the provisions of this section and the standards for surrogate decision making for adults provided for in the Uniform Health-Care Decisions Act. C. Subject to the provisions of Subsection B of this section, if an unemancipated minor has capacity sufficient to understand the nature of that unemancipated minor's medical condition, the risks and benefits of treatment and the contemplated decision to withhold or withdraw life-sustaining treatment, that unemancipated minor shall have the authority to withhold or withdraw life-sustaining treatment. D. For purposes of Subsection C of this section, a determination of the mental and emotional capacity of an unemancipated minor shall be determined by two qualified health-care professionals, one of whom shall be the unemancipated minor's primary physician and the other of whom shall be a physician that works with unemancipated minors of the minor's age in the ordinary course of that physician's health-care practice. If the unemancipated minor lacks capacity due to mental illness or developmental disability, one of the qualified health-care professionals shall be a person whose training and expertise aid in the assessment of functional impairment. E. If the unemancipated minor's primary physician has reason to believe that a parent or guardian of an unemancipated minor, including a non-custodial parent, has not been informed of a decision to withhold or withdraw life-sustaining treatment, the primary physician shall make reasonable efforts to determine if the uninformed parent or guardian has maintained substantial and continuous contact with the unemancipated minor and, if so, shall make reasonable efforts to notify that parent or guardian before implementing a decision. F. If there is disagreement regarding the decision to withhold or withdraw life-sustaining treatment for an unemancipated minor, the provisions of Section 24-7A-11 NMSA 1978 shall apply. G. For purposes of this section, "unemancipated minor" means a person at or under the age of fifteen." Section 14. A new section of the Uniform Health-Care Decisions Act is enacted to read: "[NEW MATERIAL] PROHIBITED PRACTICE.-- A. No insurer or other provider of benefits regulated by the New Mexico Insurance Code or a state agency shall require a person to execute or revoke an advance health-care directive as a condition for membership in, being insured for or receiving coverage or benefits under an insurance contract or plan. B. No insurer may condition the sale, procurement or issuance of a policy, plan, contract, certificate or other evidence of coverage, or entry into a pension, profit-sharing, retirement, employment or similar benefit plan, upon the execution or revocation of an advance health-care directive; nor shall the existence of an advance health-care directive modify the terms of an existing policy, plan, contract, certificate or other evidence of coverage of insurance. C. The provisions of this section shall be enforced by the superintendent of insurance under the New Mexico Insurance Code."". 12. Renumber the succeeding sections accordingly and adjust all cross-references to correspond with these amendments., and thence referred to the APPROPRIATIONS AND FINANCE COMMITTEE. Respectfully submitted, Gary King, Chairman Adopted Not Adopted (Chief Clerk) (Chief Clerk) Date The roll call vote was 6 For 0 Against Yes: 6 Excused: Rios, Sandel, Vigil, King Absent: None 118116.1 G:\BILLTEXT\AMEND_97\H1202CP1