New law allows physicians to serve as default surrogates for health care decisions

January 16, 2025 | 2025 Utah Senate Bills, 2025 Utah Legislative Session, Utah Legislation Bills, Utah


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New law allows physicians to serve as default surrogates for health care decisions
On January 16, 2025, the Utah Senate introduced S.B. 134, the Health-Care Decisions Act Amendments, aimed at streamlining health-care decision-making processes for individuals lacking the capacity to make their own choices. The bill seeks to address the complexities surrounding surrogate decision-making in health-care settings, particularly when patients are unable to communicate their preferences.

Key provisions of S.B. 134 include allowing health-care professionals to designate a physician as a default surrogate when no appointed agent, guardian, or default surrogate can be located. This designation can occur only after the responsible health-care professional has made diligent efforts to identify a suitable surrogate and has consulted with the medical ethics committee of the health-care institution. The bill stipulates that the designated physician must not be involved in the individual's care, ensuring an unbiased decision-making process.

Notably, the bill emphasizes the importance of transparency, requiring that the individual be informed of the designation and their right to object. Additionally, the identity of the designated physician must be documented in the individual's medical records, reinforcing accountability in the decision-making process.

Debate surrounding S.B. 134 has focused on the balance between expediency in health-care decisions and the rights of individuals to have their preferences respected. Critics express concerns about potential overreach by health-care professionals in making decisions on behalf of patients, while supporters argue that the bill provides necessary clarity and efficiency in urgent situations.

The implications of S.B. 134 extend beyond procedural adjustments; it reflects broader societal discussions about patient autonomy, ethical medical practices, and the role of health-care providers in safeguarding the interests of vulnerable individuals. Experts suggest that if passed, the bill could lead to more consistent practices across health-care institutions in Utah, potentially influencing similar legislative efforts in other states.

As the legislative process unfolds, stakeholders will be closely monitoring discussions and potential amendments to ensure that the rights of individuals remain a priority in health-care decision-making. The bill's progression will be a critical point of interest for both health-care professionals and advocates for patient rights in the coming months.

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