SB153 Alabama 2020 Session

Summary

Primary Sponsor

Steve LivingstonSenator

Republican

Session

Regular Session 2020

Title

Medical care, minors, requires doctors to obtain consent of parent or legal guardian of minor prior to entering "do not attempt resuscitation order" order, Sec. 22-8A-18 added; Sec. 22-8A-7 am'd.

Summary

SB 153 requires parental consent before starting a do-not-attempt-resuscitation (DNAR) order for a qualified minor and adds procedures to inform, record, and resolve disagreements.

What This Bill Does

If passed, the bill adds Simon's Law, requiring that a DNAR order for a qualified minor not be started without written or oral consent from at least one parent or legal guardian. Providers must inform the parent(s) (oral and written when possible), record who was informed, and note attempts to inform the other parent if available. If consent is refused, a DNAR order cannot be instituted except by court order; if parents or guardians disagree, either may seek court action to resolve the conflict, and during proceedings the DNAR order cannot be implemented. The bill also requires providers to disclose policies about resuscitation upon request, though it does not require a written policy, and clarifies liability protections for following valid orders. It also amends existing provisions related to competent adults to preserve current protections and expectations around end-of-life decisions.

Who It Affects

• Qualified minor patients or residents and their parents or legal guardians, who gain heightened protections and a formal consent and information process before a DNAR order can be considered.
• Health care facilities and health care professionals, who must obtain consent, inform and document communications, handle disputes through court processes, and disclose policies upon request.

Key Provisions

• Adds 22-8A-18 (Simon’s Law) requiring parental consent (at least one parent or guardian) before instituting a DNAR or similar order for a qualified minor.
• Requires informing the parent(s) about the intent to institute a DNAR order, with written and oral information, and recording who was informed in the medical record; if only one parent is informed, document attempts to inform the other parent.
• Allows a parent or guardian to refuse consent for a DNAR order; a DNAR cannot be instituted without consent except by a court order issued under subsection (d).
• If parents/guardians disagree, either may petition for court relief to resolve the conflict; during court proceedings, the DNAR order cannot be implemented.
• Allows a circuit court to issue hearings and orders to resolve disputes, with procedures for notice and, if necessary, expedited hearings to prevent imminent danger to the minor.
• Requires health care facilities to disclose policies related to resuscitation and life-sustaining treatments upon request; does not mandate having a written policy for all patients.
• Amends Section 22-8A-7 to maintain existing competency and liability protections for decisions made under living wills, proxies, or surrogate directives, within the standard of care; clarifies that following valid orders in good faith remains protected.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Health Care