HB40 Alabama 2016 Session

Summary

Primary Sponsor

Ron Johnson

Republican

Session

Regular Session 2016

Title

Health care providers, Natural Death Act, physicians do not attempt resuscitation orders specifically provided for in medical records, procedures, rules by Board of Health and Board of Medical Examiners, Sec. 22-8A-4.1 added; Secs. 22-8A-2, 22-8A-3, 22-8A-7, 22-8A-8 am'd.

Summary

HB40 allows health care providers to follow a physician's DNAR order across Alabama, even if the patient is incapacitated, and creates portable DNAR forms with governing rules.

What This Bill Does

The bill authorizes following a DNAR order that is properly entered in the patient’s medical record anywhere in the state, even if the patient cannot direct treatment. It creates portable DNAR orders and requires a state-approved form, with rules to be set by the State Board of Health and the Board of Medical Examiners (physician-related rules largely fall under the latter). It reinforces adults' rights to make advance directives and appoint health care proxies or surrogates, and it adds penalties for falsifying or concealing directives while protecting those who follow them in good faith. It also outlines transfer procedures if a provider cannot honor a directive, and preserves patient care during transfer.

Who It Affects

• Competent adults aged 19+ who can make decisions about life-sustaining treatment and whom the act may appoint to create advance directives, proxies, or surrogates.
• Health care providers who administer or withhold life-sustaining treatment and must follow portable DNAR orders and advance directives.
• Health care proxies or surrogate decision-makers who act on behalf of incapacitated patients under the act.
• Patients who are terminally ill or permanently unconscious, whose DNAR decisions and life-sustaining treatment choices would be guided by the new portable DNAR framework.

Key Provisions

• Authorizes health care providers to follow a physician's DNAR order that is properly entered in the patient's medical record, applicable anywhere in Alabama and even if the patient is incapacitated.
• Creates portable physician DNAR orders and requires a state-approved form; the State Board of Health will adopt the form, and both the State Board of Health and the Board of Medical Examiners may adopt rules to implement the act (with the Board of Medical Examiners having exclusive authority over physician-related rules).
• Amends definitions and rights to emphasize adults' ability to create advance directives, appoint health care proxies, and designate surrogates; clarifies terms like life-sustaining treatment and portable DNAR order and outlines the roles of proxies and surrogates.
• Imposes penalties for falsifying, concealing, or damaging DNAR orders or advance directives (Class A misdemeanor; Class C felony for actions that hasten death), and provides liability protections and transfer arrangements to ensure patient wishes are followed when moving between providers.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Health