Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 200 (2024GS)

Sponsor

Rep. Gricius, S.

Final action

House/ enrolled bill to Printing 3/14/2024

Outcome

House/ enrolled bill to Printing

Summary

What it does

• This bill:
• modifies professional conduct standards for physicians, advance practice registered nurses, and physician assistants to include obtaining a parent or guardian signature when completing an order for life sustaining treatment for a minor; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

ORDER FOR LIFE SUSTAINING TREATMENT
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Gricius
Senate Sponsor: 
 Michael S. Kennedy
LONG TITLE
General Description:
This bill modifies provisions related to orders for life sustaining treatment. 
Highlighted Provisions:
This bill:
▸ modifies professional conduct standards for physicians, advance practice registered
nurses, and physician assistants to include obtaining a parent or guardian signature
when completing an order for life sustaining treatment for a minor; and
▸ makes technical and conforming changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-31b-502
, as last amended by Laws of Utah 2023, Chapters 223, 301 and 329
58-67-502
, as last amended by Laws of Utah 2023, Chapters 2, 301, 317, and 329
58-68-502
, as last amended by Laws of Utah 2023, Chapters 2, 301, 317, and 329
58-70a-503
, as last amended by Laws of Utah 2023, Chapter 329
75-2a-103
, as last amended by Laws of Utah 2023, Chapters 139, 330
75-2a-106
, as last amended by Laws of Utah 2023, Chapter 330
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-31b-502
 is amended to read:
58-31b-502.
Unprofessional conduct.
(1) "Unprofessional conduct" includes:
(a) failure to safeguard a patient's right to privacy as to the patient's person, condition,
diagnosis, personal effects, or any other matter about which the licensee is privileged to know
because of the licensee's or person with a certification's position or practice as a nurse or
practice as a medication aide certified;
(b) failure to provide nursing service or service as a medication aide certified in a
manner that demonstrates respect for the patient's human dignity and unique personal character
and needs without regard to the patient's race, religion, ethnic background, socioeconomic
status, age, sex, or the nature of the patient's health problem;
(c) engaging in sexual relations with a patient during any:
(i) period when a generally recognized professional relationship exists between the
person licensed or certified under this chapter and the patient; or
(ii) extended period when a patient has reasonable cause to believe a professional
relationship exists between the person licensed or certified under the provisions of this chapter
and the patient;
(d) (i) as a result of any circumstance under Subsection (1)(c), exploiting or using
information about a patient or exploiting the licensee's or the person with a certification's
professional relationship between the licensee or holder of a certification under this chapter and
the patient; or
(ii) exploiting the patient by use of the licensee's or person with a certification's
knowledge of the patient obtained while acting as a nurse or a medication aide certified;
(e) unlawfully obtaining, possessing, or using any prescription drug or illicit drug;
(f) unauthorized taking or personal use of nursing supplies from an employer;
(g) unauthorized taking or personal use of a patient's personal property;
(h) unlawful or inappropriate delegation of nursing care;
(i) failure to exercise appropriate supervision of persons providing patient care services
under supervision of the licensed nurse;
(j) employing or aiding and abetting the employment of an unqualified or unlicensed
person to practice as a nurse;
(k) failure to file or record any medical report as required by law, impeding or
obstructing the filing or recording of such a report, or inducing another to fail to file or record
such a report;
(l) breach of a statutory, common law, regulatory, or ethical requirement of
confidentiality with respect to a person who is a patient, unless ordered by a court;
(m) failure to pay a penalty imposed by the division;
(n) violating Section 
58-31b-801
;
(o) violating the dispensing requirements of Section 
58-17b-309
 or Chapter 17b, Part
8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if
applicable;
(p) performing or inducing an abortion in violation of the requirements of Section
76-7-302
 or Section 
76-7a-201
, regardless of whether the person licensed or certified under the
provisions of this chapter is found guilty of a crime in connection with the violation;
(q) falsely making an entry in, or altering, a medical record with the intent to conceal:
(i) a wrongful or negligent act or omission of an individual licensed under this chapter
or an individual under the direction or control of an individual licensed under this chapter; or
(ii) conduct described in Subsections (1)(a) through (n) or Subsection 
58-1-501
(1); [
or
]
(r) violating the requirements of Title 26B, Chapter 4, Part 2, Cannabinoid Research
and Medical Cannabis[
.
]
; or
(s) for an advance practice registered nurse, failing to comply with Subsection
75-2a-106
(3)(b)(iii) when completing an order for life sustaining treatment for the minor.
(2) "Unprofessional conduct" does not include, in accordance with Title 26B, Chapter
4, Part 2, Cannabinoid Research and Medical Cannabis, when registered as a qualified medical
provider, or acting as a limited medical provider, as those terms are defined in Section
26B-4-201
, recommending the use of medical cannabis.
(3) Notwithstanding Subsection (2), the division, in consultation with the board and in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
unprofessional conduct for an advanced practice registered nurse described in Subsection (2).
Section 2. Section 
58-67-502
 is amended to read:
58-67-502.
Unprofessional conduct.
(1) "Unprofessional conduct" includes, in addition to the definition in Section
58-1-501
:
(a) using or employing the services of any individual to assist a licensee in any manner
not in accordance with the generally recognized practices, standards, or ethics of the
profession, state law, or division rule;
(b) making a material misrepresentation regarding the qualifications for licensure under
Section 
58-67-302.7
 or 
58-67-302.8
;
(c) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical
Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable;
(d) violating the requirements of Title 26B, Chapter 4, Part 2, Cannabinoid Research
and Medical Cannabis;
(e) performing or inducing an abortion in violation of the requirements of Section
76-7-302
 or Section 
76-7a-201
, regardless of whether the individual licensed under this chapter
is found guilty of a crime in connection with the violation;
(f) falsely making an entry in, or altering, a medical record with the intent to conceal:
(i) a wrongful or negligent act or omission of an individual licensed under this chapter
or an individual under the direction or control of an individual licensed under this chapter; or
(ii) conduct described in Subsections (1)(a) through (e) or Subsection 
58-1-501
(1); [
or
]
(g) performing, or causing to be performed, upon an individual who is less than 18
years old:
(i) a primary sex characteristic surgical procedure; or
(ii) a secondary sex characteristic surgical procedure[
.
]
; or
(h) failing to comply with Subsection 
75-2a-106
(3)(b)(iii) when completing an order
for life sustaining treatment for the minor.
(2) "Unprofessional conduct" does not include:
(a) in compliance with Section 
58-85-103
:
(i) obtaining an investigational drug or investigational device;
(ii) administering the investigational drug to an eligible patient; or
(iii) treating an eligible patient with the investigational drug or investigational device;
or
(b) in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and
Medical Cannabis:
(i) when registered as a qualified medical provider or acting as a limited medical
provider, as those terms are defined in Section 
26B-4-201
, recommending the use of medical
cannabis; 
or
(ii) when registered as a pharmacy medical provider, as that term is defined in Section
26B-4-201
, providing pharmacy medical provider services in a medical cannabis pharmacy.
(3) Notwithstanding Subsection (2)(b), the division, in consultation with the board and
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
unprofessional conduct for a physician described in Subsection (2)(b).
Section 3. Section 
58-68-502
 is amended to read:
58-68-502.
Unprofessional conduct.
(1) "Unprofessional conduct" includes, in addition to the definition in Section
58-1-501
:
(a) using or employing the services of any individual to assist a licensee in any manner
not in accordance with the generally recognized practices, standards, or ethics of the
profession, state law, or division rule;
(b) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical
Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable;
(c) making a material misrepresentation regarding the qualifications for licensure under
Section 
58-68-302.5
;
(d) violating the requirements of Title 26B, Chapter 4, Part 2, Cannabinoid Research
and Medical Cannabis;
(e) performing or inducing an abortion in violation of the requirements of Section
76-7-302
 or Section 
76-7a-201
, regardless of whether the individual licensed under this chapter
is found guilty of a crime in connection with the violation;
(f) falsely making an entry in, or altering, a medical record with the intent to conceal:
(i) a wrongful or negligent act or omission of an individual licensed under this chapter
or an individual under the direction or control of an individual licensed under this chapter; or
(ii) conduct described in Subsections (1)(a) through (e) or Subsection 
58-1-501
(1); [
or
]
(g) performing or causing to be performed, upon an individual who is less than 18
years old[
;
]
:
(i) a primary sex characteristic surgical procedure; or
(ii) a secondary sex characteristic surgical procedure[
.
]
; or
(h) failing to comply with Subsection 
75-2a-106
(3)(b)(iii) when completing an order
for life sustaining treatment for the minor.
(2) "Unprofessional conduct" does not include:
(a) in compliance with Section 
58-85-103
:
(i) obtaining an investigational drug or investigational device;
(ii) administering the investigational drug to an eligible patient; or
(iii) treating an eligible patient with the investigational drug or investigational device;
or
(b) in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and
Medical Cannabis:
(i) when registered as a qualified medical provider or acting as a limited medical
provider, as those terms are defined in Section 
26B-4-201
, recommending the use of medical
cannabis; or
(ii) when registered as a pharmacy medical provider, as that term is defined in Section
26B-4-201
, providing pharmacy medical provider services in a medical cannabis pharmacy.
(3) Notwithstanding Subsection (2)(b), the division, in consultation with the board and
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
unprofessional conduct for a physician described in Subsection (2)(b).
Section 4. Section 
58-70a-503
 is amended to read:
58-70a-503.
Unprofessional conduct.
(1) "Unprofessional conduct" includes:
(a) violation of a patient confidence to any person who does not have a legal right and a
professional need to know the information concerning the patient;
(b) knowingly prescribing, selling, giving away, or directly or indirectly administering,
or offering to prescribe, sell, furnish, give away, or administer any prescription drug except for
a legitimate medical purpose upon a proper diagnosis indicating use of that drug in the amounts
prescribed or provided;
(c) prescribing prescription drugs for oneself or administering prescription drugs to
oneself, except those that have been legally prescribed for the physician assistant by a licensed
practitioner and that are used in accordance with the prescription order for the condition
diagnosed;
(d) in a practice that has physician assistant ownership interests, failure to allow a
physician the independent final decision making authority on treatment decisions for the
physician's patient;
(e) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical
Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable;
(f) falsely making an entry in, or altering, a medical record with the intent to conceal:
(i) a wrongful or negligent act or omission of an individual licensed under this chapter
or an individual under the direction or control of an individual licensed under this chapter; or
(ii) conduct described in Subsections (1)(a) through (e) or Subsection 
58-1-501
(1);
[
and
]
(g) violating the requirements of Title 26B, Chapter 4, Part 2, Cannabinoid Research
and Medical Cannabis[
.
]
; or
(h) failing to comply with Subsection 
75-2a-106
(3)(b)(iii) when completing an order
for life sustaining treatment for the minor.
(2) (a) "Unprofessional conduct" does not include, in accordance with Title 26B,
Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, when registered as a qualified
medical provider or acting as a limited medical provider, as those terms are defined in Section
26B-4-201
, recommending the use of medical cannabis.
(b) Notwithstanding Subsection (2)(a), the division, in consultation with the board and
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
unprofessional conduct for a physician assistant described in Subsection (2)(a).
Section 5. Section 
75-2a-103
 is amended to read:
75-2a-103.
Definitions.
As used in this chapter:
(1) "Adult" means an individual who is:
(a) at least 18 years old; or
(b) an emancipated minor.
(2) "Advance health care directive":
(a) includes:
(i) a designation of an agent to make health care decisions for an adult when the adult
cannot make or communicate health care decisions; or
(ii) an expression of preferences about health care decisions;
(b) may take one of the following forms:
(i) a written document, voluntarily executed by an adult in accordance with the
requirements of this chapter; or
(ii) a witnessed oral statement, made in accordance with the requirements of this
chapter; and
(c) does not include [
a POLST order
] 
an order for life sustaining treatment
.
(3) "Agent" means an adult designated in an advance health care directive to make
health care decisions for the declarant.
(4) "APRN" means an individual who is:
(a) certified or licensed as an advance practice registered nurse under Subsection
58-31b-301
(2)(e);
(b) an independent practitioner; 
and
[
(c) acting under a consultation and referral plan with a physician; and
]
[
(d)
] 
(c)
 acting within the scope of practice for that individual, as provided by law, rule,
and specialized certification and training in that individual's area of practice.
(5) "Best interest" means that the benefits to the [
person
] 
individual
 resulting from a
treatment outweigh the burdens to the [
person
] 
individual
 resulting from the treatment, taking
into account:
(a) the effect of the treatment on the physical, emotional, and cognitive functions of the
[
person
] 
individual
;
(b) the degree of physical pain or discomfort caused to the [
person
] 
individual
 by the
treatment or the withholding or withdrawal of treatment;
(c) the degree to which the [
person
] 
individual
's medical condition, the treatment, or
the withholding or withdrawal of treatment, result in a severe and continuing impairment of the
dignity of the [
person
] 
individual
 by subjecting the [
person
] 
individual
 to humiliation and
dependency;
(d) the effect of the treatment on the life expectancy of the [
person
] 
individual
;
(e) the prognosis of the [
person
] 
individual
 for recovery with and without the
treatment;
(f) the risks, side effects, and benefits of the treatment, or the withholding or
withdrawal of treatment; and
(g) the religious beliefs and basic values of the [
person
] 
individual
 receiving treatment,
to the extent these may assist the decision maker in determining the best interest.
(6) "Capacity to appoint an agent" means that the adult understands the consequences
of appointing a particular [
person
] 
individual
 as agent.
(7) "Declarant" means an adult who has completed and signed or directed the signing
of an advance health care directive.
(8) "Default surrogate" means the adult who may make decisions for an individual
when either:
(a) an agent or guardian has not been appointed; or
(b) an agent is not able, available, or willing to make decisions for an adult.
(9) "Emergency medical services provider" means a person that is licensed, designated,
or certified under Title 26B, Chapter 4, Part 1, Utah Emergency Medical Services System.
(10) "Generally accepted health care standards":
(a) is defined only for the purpose of:
(i) this chapter and does not define the standard of care for any other purpose under
Utah law; and
(ii) enabling health care providers to interpret the statutory form set forth in Section
75-2a-117
; and
(b) means the standard of care that justifies a provider in declining to provide life
sustaining care because the proposed life sustaining care:
(i) will not prevent or reduce the deterioration in the health or functional status of an
individual;
(ii) will not prevent the impending death of an individual; or
(iii) will impose more burden on the individual than any expected benefit to the
individual.
(11) "Health care" means any care, treatment, service, or procedure to improve,
maintain, diagnose, or otherwise affect an individual's physical or mental condition.
(12) "Health care decision":
(a) means a decision about an adult's health care made by, or on behalf of, an adult, that
is communicated to a health care provider;
(b) includes:
(i) selection and discharge of a health care provider and a health care facility;
(ii) approval or disapproval of diagnostic tests, procedures, programs of medication,
and orders not to resuscitate; and
(iii) directions to provide, withhold, or withdraw artificial nutrition and hydration and
all other forms of health care; and
(c) does not include decisions about an adult's financial affairs or social interactions
other than as indirectly affected by the health care decision.
(13) "Health care decision making capacity" means an adult's ability to make an
informed decision about receiving or refusing health care, including:
(a) the ability to understand the nature, extent, or probable consequences of health
status and health care alternatives;
(b) the ability to make a rational evaluation of the burdens, risks, benefits, and
alternatives of accepting or rejecting health care; and
(c) the ability to communicate a decision.
(14) "Health care facility" means:
(a) a health care facility as defined in Title 26B, Chapter 2, Part 2, Health Care Facility
Licensing and Inspection; and
(b) private offices of physicians, dentists, and other health care providers licensed to
provide health care under Title 58, Occupations and Professions.
(15) "Health care provider" means the same as that term is defined in Section
78B-3-403
, except that "health care provider" does not include an emergency medical services
provider.
(16) (a) "Life sustaining care" means any medical intervention, including procedures,
administration of medication, or use of a medical device, that maintains life by sustaining,
restoring, or supplanting a vital function.
(b) "Life sustaining care" does not include care provided for the purpose of keeping an
individual comfortable.
(17) "Order for life sustaining treatment" means an order related to life sustaining
treatment, on a form designated by the Department of Health and Human Services under
Section 
75-2a-106
, that gives direction to health care providers, health care facilities, and
emergency medical services providers regarding the specific health care decisions of the
individual to whom the order relates.
[
(17)
] 
(18)
 "Minor" means an individual who:
(a) is under 18 years old; and
(b) is not an emancipated minor.
[
(18)
] 
(19)
 "Physician" means a physician and surgeon or osteopathic surgeon licensed
under Title 58, Chapter 67, Utah Medical Practice Act
,
 or Chapter 68, Utah Osteopathic
Medical Practice Act.
[
(19)
] 
(20)
 "Physician assistant" means an individual licensed as a physician assistant
under Title 58, Chapter 70a, Utah Physician Assistant Act.
[
(20) "POLST order" means an order, on a form designated by the Department of
Health and Human Services under Section 
75-2a-106
, that gives direction to health care
providers, health care facilities, and emergency medical services providers regarding the
specific health care decisions of the individual to whom the order relates.
]
(21) "Reasonably available" means:
(a) readily able to be contacted without undue effort; and
(b) willing and able to act in a timely manner considering the urgency of the
circumstances.
(22) "Substituted judgment" means the standard to be applied by a surrogate when
making a health care decision for an adult who previously had the capacity to make health care
decisions, which requires the surrogate to consider:
(a) specific preferences expressed by the adult:
(i) when the adult had the capacity to make health care decisions; and
(ii) at the time the decision is being made;
(b) the surrogate's understanding of the adult's health care preferences;
(c) the surrogate's understanding of what the adult would have wanted under the
circumstances; and
(d) to the extent that the preferences described in Subsections (22)(a) through (c) are
unknown, the best interest of the adult.
(23) "Surrogate" means a health care decision maker who is:
(a) an appointed agent;
(b) a default surrogate under the provisions of Section 
75-2a-108
; or
(c) a guardian.
Section 6. Section 
75-2a-106
 is amended to read:
75-2a-106.
Emergency medical services -- Order for life sustaining treatment.
(1) [
A POLST order
] 
An order for life sustaining treatment
 may be created by or on
behalf of [
a person
] 
an individual
 as described in this section.
(2) [
A POLST order
] 
An order for life sustaining treatment
 shall, in consultation with
the [
person
] 
individual
 authorized to consent to the order pursuant to this section, be prepared
by:
(a) the physician, APRN, or[
, subject to Subsection (11),
] physician assistant of the
[
person
] 
individual
 to whom the [
POLST order
] 
order for life sustaining treatment
 relates; or
(b) a health care provider who:
(i) is acting under the supervision of [
a person
] 
an individual
 described in Subsection
(2)(a); and
(ii) is:
(A) a nurse, licensed under Title 58, Chapter 31b, Nurse Practice Act;
(B) a physician assistant, licensed under Title 58, Chapter 70a, Utah Physician
Assistant Act;
(C) a mental health professional, licensed under Title 58, Chapter 60, Mental Health
Professional Practice Act; or
(D) another health care provider, designated by rule as described in Subsection (10).
(3) [
A POLST order
] 
An order for life sustaining treatment
 shall be signed:
(a) personally, by the physician, APRN, or[
, subject to Subsection (11),
] physician
assistant of the [
person
] 
individual
 to whom the [
POLST order
] 
order for life sustaining
treatment
 relates; and
(b) (i) if the [
person
] 
individual
 to whom the [
POLST order
] 
order for life sustaining
treatment
 relates is an adult with health care decision making capacity, by:
(A) the [
person
] 
individual
; or
(B) an adult who is directed by the [
person
] 
individual
 to sign the [
POLST order
] 
order
for life sustaining treatment
 on behalf of the [
person
] 
individual
;
(ii) if the [
person
] 
individual
 to whom the [
POLST order
] 
order for life sustaining
treatment
 relates is an adult who lacks health care decision making capacity, by:
(A) the surrogate with the highest priority under Section 
75-2a-111
;
(B) the majority of the class of surrogates with the highest priority under Section
75-2a-111
; or
(C) [
a person
] 
an individual
 directed to sign the [
POLST order
] 
order for life sustaining
treatment
 by, and on behalf of, the [
persons
] 
individuals
 described in Subsection (3)(b)(ii)(A)
or (B); or
(iii) if the [
person
] 
individual
 to whom the [
POLST order
] 
order for life sustaining
treatment
 relates is a minor, by a parent or guardian of the minor.
(4) If [
a POLST order
] 
an order for life sustaining treatment
 relates to a minor and
directs that life sustaining treatment be withheld or withdrawn from the minor, the order shall
include a certification by two physicians that, in their clinical judgment, an order to withhold or
withdraw life sustaining treatment is in the best interest of the minor.
(5) [
A POLST order
] 
An order for life sustaining treatment
:
(a) shall be in writing, on a form designated by the Department of Health and Human
Services;
(b) shall state the date on which the [
POLST order
] 
order for life sustaining treatment
was made;
(c) may specify the level of life sustaining care to be provided to the [
person
]
individual
 to whom the order relates; and
(d) may direct that life sustaining care be withheld or withdrawn from the [
person
]
individual
 to whom the order relates.
(6) A health care provider or emergency medical service provider, licensed or certified
under Title 26B, Chapter 4, Part 1, Utah Emergency Medical Services System, is immune from
civil or criminal liability, and is not subject to discipline for unprofessional conduct, for:
(a) complying with [
a POLST order
] 
an order for life sustaining treatment
 in good
faith; or
(b) providing life sustaining treatment to [
a person
] 
an individual
 when [
a POLST
order
] 
an order for life sustaining treatment
 directs that the life sustaining treatment be
withheld or withdrawn.
(7) To the extent that the provisions of [
a POLST order
] 
an order for life sustaining
treatment
 described in this section conflict with the provisions of an advance health care
directive made under Section 
75-2a-107
, the provisions of the [
POLST order
] 
order for life
sustaining treatment
 take precedence.
(8) An adult, or a parent or guardian of a minor, may revoke [
a POLST order
] 
an order
for life sustaining treatment
 by:
(a) orally informing emergency service personnel;
(b) writing "void" across the [
POLST order
] 
order for life sustaining treatment
 form;
(c) burning, tearing, or otherwise destroying or defacing:
(i) the [
POLST order
] 
order for life sustaining treatment
 form; or
(ii) a bracelet or other evidence of the [
POLST order
] 
order for life sustaining
treatment
;
(d) asking another adult to take the action described in this Subsection (8) on the
[
person
] 
individual
's behalf;
(e) signing or directing another adult to sign a written revocation on the [
person
]
individual
's behalf;
(f) stating, in the presence of an adult witness, that the [
person
] 
individual
 wishes to
revoke the order; or
(g) completing a new [
POLST order
] 
order for life sustaining treatment
.
(9) (a) Except as provided in Subsection (9)(c), a surrogate for an adult who lacks
health care decision making capacity may only revoke [
a POLST order
] 
an order for life
sustaining treatment
 if the revocation is consistent with the substituted judgment standard.
(b) Except as provided in Subsection (9)(c), a surrogate who has authority under this
section to sign [
a POLST order
] 
an order for life sustaining treatment
 may revoke [
a POLST
order
] 
an order for life sustaining treatment
, in accordance with Subsection (9)(a), by:
(i) signing a written revocation of the [
POLST order
] 
order for life sustaining
treatment
; or
(ii) completing and signing a new [
POLST order
] 
order for life sustaining treatment
.
(c) A surrogate may not revoke [
a POLST order
] 
an order for life sustaining treatment
during the period of time beginning when an emergency service provider is contacted for
assistance, and ending when the emergency ends.
(10) (a) The Department of Health and Human Services shall make rules, in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
(i) create the forms and systems described in this section; and
(ii) develop uniform instructions for the form established in Section 
75-2a-117
.
(b) The Department of Health and Human Services may make rules, in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to designate health care
professionals, in addition to those described in Subsection (2)(b)(ii), who may prepare [
a
POLST order
] 
an order for life sustaining treatment
.
(c) The Department of Health and Human Services may assist others with training of
health care professionals regarding this chapter.
[
(11) A physician assistant may not prepare or sign a POLST order, unless the
physician assistant is permitted to prepare or sign the POLST order under the physician
assistant's delegation of services agreement, as defined in Section 
58-70a-102
.
]
[
(12)
] 
(11)
 (a) Notwithstanding any other provision of this section:
(i) the provisions of Title 46, Chapter 4, Uniform Electronic Transactions Act, apply to
any signature required on the [
POLST order
] 
order for life sustaining treatment
; and
(ii) a verbal confirmation satisfies the requirement for a signature from an individual
under Subsection (3)(b)(ii) or (iii), if:
(A) requiring the individual described in Subsection (3)(b)(i)(B), (ii), or (iii) to sign the
[
POLST order
] 
order for life sustaining treatment
 in person or electronically would require
significant difficulty or expense; and
(B) a licensed health care provider witnesses the verbal confirmation and signs the
[
POLST order
] 
order for life sustaining treatment
 attesting that the health care provider
witnessed the verbal confirmation.
(b) The health care provider described in Subsection [
(12)(a)(ii)(B)
] 
(11)(a)(ii)(B)
:
(i) may not be the same individual who signs the [
POLST order
] 
order for life
sustaining treatment
 under Subsection (3)(a); and
(ii) shall verify, in accordance with HIPAA as defined in Section 
26B-3-126
, the
identity of the individual who is providing the verbal confirmation.
Section 7. 
Effective date.
This bill takes effect on May 1, 2024.