HB 1724 — Improving access and practices relating to portable orders for life-sustaining treatment.

H-1344.1H-0631.2 SUBSTITUTE HOUSE BILL 1724 State of Washington 69th Legislature 2025 Regular Session By House Early Learning & Human Services (originally sponsored by Representatives Paul, Griffey, Bronoske, Shavers, Schmidt, Reed, Pollet, Nance, and Ormsby)Ormsby READRead FIRSTfirst TIMEtime 02/17/25.01/29/25.

Referred to Committee on Early Learning & Human Services.

1 SHBHB 1724 (c)(i) The provisions of chapter 1.80 RCW apply to any signature required on the portable orders for life-sustaining treatment form.

(d) Physicians, physician assistants, and advanced practice registered nursenurses practitioners who are treating an individual who has completedexecuted a portable orders for life-sustaining treatment form may review the individual's form with them on an annual or more frequent basis to ensure it reflects the patient's current health status and treatment preferences.

(2)(a) ExceptAny where greater liability protection is provided in law, any provider who participates in good faith in the provision of medical care or the withholding or withdrawal of treatment from a person in accordance with the person's portable orders for life-life-sustaining sustaining treatment form shall be immune from legal liability, including civil, criminal, or professional conduct sanctions, unless otherwise negligent.

(c) ExceptA where greater liability protection is provided in law, a provider is not subject to civil or criminal liability or sanctions for unprofessional conduct under the uniform disciplinary act, chapter 18.130 RCW, when in good faith and without negligence:

(ii) The provider provides, does not provide, withdraws, or withholds treatment pursuant to a portable orders for life-sustaining treatment form stored in the registry established in section 2 of p.this act in the absence of actual knowledge of the revocation of the form;

2p. SHB 1724 this act in the absence of actual knowledge of the revocation of the form;

2 HB 1724 (iii) The provider provides, does not provide, withdraws, or withholds treatment according to a portable orders for life- sustaining treatment form stored in the registry established in section 2 of this act in good faith reliance upon the validity of the form and the form is subsequently found to be invalid;

an advanced practice registered nursenurse; practitioner;

a licensed health care provider acting under the direction of a physician, advanced practice registered nursenurse, practitioner, or physician assistant;

The department shall establish standards for physicians, physician assistants, advanced registered nurse practitioners, their agents and employees, individuals, and personal representatives to submit portable orders for life-sustaining treatment forms directly to the p.

3 SHBHB 1724 employees, individuals, and personal representatives to submit portable orders for life-sustaining treatment forms directly to the registry.

(b)(i) A physician, physician assistant, or advanced registered nurse practitioner that signs a completed portable orders for life- sustaining treatment form, or their agent or employee, shallmay submit the form to the department or registry consistent with the standards adopted by the department under this section on the individual's behalf, unless the individual has opted out of submitting the form to the registry.

p.(i) An individual to revoke a portable orders for life-sustaining treatment form contained in the registry;

4and SHBp. 1724 (i) An individual to revoke a portable orders for life-sustaining treatment form contained in the registry;

and4 HB 1724 (ii) Removal or archival of a portable orders for life-sustaining treatment form on request of the individual who completedexecuted the form or their legal surrogate or upon confirmation that the individual who completedexecuted the form has died.

and (vi) Provide the personal representatives of individuals that have a portable orders for life-sustaining treatment form in the registry, physicians, physician assistants, advanced registered nurse practitioners, health care providers aslicensed definedby a disciplining authority identified in RCW 43.70.480,18.130.040 who is acting under the direction of a physician, physician assistant, or an advanced registered nurse practitioner, including a physician's trained advanced emergency medical technician and paramedic certified under chapter 18.71 RCW and emergency medical technician certified under chapter 18.73 RCW, health facilities as defined in chapter 70.122 RCW, and health care facilities, as defined in chapter 71.32 RCW, access to the registry at all times.

The department shall store and protectmanage thepersonal datahealth information contained in the registry inas accordanceif with the statedepartment requirementswas toa protectcovered entity for purposes of the federal health careinsurance information.portability and accountability act of 1996, 42 U.S.C.

Sec.

p.

5 HB 1724 1320d et seq., and a health care provider for purposes of chapter 70.02 RCW.

The department may allow qualified researchers access to deidentified registry data under the requirements established in RCW 70.02.210(1).

All p.receipts from donations made under this section, and other contributions and appropriations specifically made for the purposes of creating and maintaining the registry established under this section and statewide public education campaigns related to the existence of the registry, shall be deposited into the general fund.

5 SHB 1724 receipts from donations made under this section, and other contributions and appropriations specifically made for the purposes of creating and maintaining the registry established under this section and statewide public education campaigns related to the existence of the registry, shall be deposited into the general fund.

(1) The department of health shall research options for types of alternative evidence that may be utilized to indicate that a person has completedexecuted the portable orders for life-sustaining treatment form and does not wish to have resuscitative efforts, for example, medical jewelry, a physical card, or an electronic application-based form.

(1)p. The department of health shall establish and maintain a statewide health care declarations registry containing the health care declarations identified in subsection (2) of this section as submitted by residents of Washington.

6 HB 1724 (1) The department of health shall establish and maintain a statewide health care declarations registry containing the health care declarations identified in subsection (2) of this section as submitted by residents of Washington.

The department may contract p.with an organization that meets the standards identified in this section.

6 SHB 1724 with an organization that meets the standards identified in this section.

(b)p. Send annual electronic messages to individuals that have submitted health care declarations to request that they review the registry materials to ensure that it is current;

7 HB 1724 (b) Send annual electronic messages to individuals that have submitted health care declarations to request that they review the registry materials to ensure that it is current;

and (d) Provide the personal representatives of individuals who have submitted one or more health care declarations to the registry, attending physicians, advanced registered nurse practitioners, health care providers licensed by a disciplining authority identified in RCW p.18.130.040 who is acting under the direction of a physician or an advanced registered nurse practitioner, and health care facilities, as defined in this chapter or in chapter 71.32 RCW, access to the registry at all times.

7 SHB 1724 18.130.040 who is acting under the direction of a physician or an advanced registered nurse practitioner, and health care facilities, as defined in this chapter or in chapter 71.32 RCW, access to the registry at all times.

(c)p. Number of health care declarations revoked and the method of revocation;

8 HB 1724 (c) Number of health care declarations revoked and the method of revocation;

p.The registry established in section 2 of this act and its contents are exempt from inspection and copying under this chapter.

8 SHB 1724 The registry established in section 2 of this act and its contents are exempt from inspection and copying under this chapter.

9 SHBHB 1724