Alaska

An Act relating to powers of attorney and other substitute decision-making documents; relating to the uniform probate code; relating to notaries public; and providing for an effective date.

HB8

EFFECTIVE DATE OF LAW 1/1/17

Refers to “decisional supports”

California

An act to amend Section 5328 of the Welfare and Institutions Code, relating to public social services. This bill would additionally authorize, during the provision of emergency services and care, the communication of patient information and records between specified individuals, including, among others, a social worker with a master’s degree in social work.

AB1119

Passed on September 27, 2017 – 100% progression

Refers to law “supporting networks”

Connecticut

To improve services for persons with developmental disabilities and increase public transparency and accountability for the provision of such services.

SB00244

March 07, 2017 Public Hearing

Refers to “supporting systems”

Delaware

This Act creates the option of a supported decision-making agreement for adults who do not need a guardian but who need assistance in gathering information, making decisions, and communicating those decisions

SB230

Passed on TBD

Refers to SDM as an A2G

An Act To Amend Title 16 Of The Delaware Code Relating To Nondiscrimination In Access To Organ Transplantation.

HB21

Enrolled on June 7, 2017

Refers to “support systems”

District of Columbia

Citizens with Intellectual Disabilities Civil Rights Restoration Act of 2017; bill removes the requirement, repeals and amends existing law to bar new civil commitments of persons with intellectual disabilities.

Council Bill 220154

June 15, 2017 Public Hearing Held

Refers to law “supporting networks”

Florida

Citing this act as the “Gabe’s Act”; revising the term “developmental disability” to include the disorder and symptoms attributable to Duchenne muscular dystrophy, etc.

S0242

September 22, 2017- Referred to Children, Families, and Elder Affairs; Banking and Insurance; Appropriations; Rules

Refers to IDD term revision

Georgia

A bill to be entitled an Act to amend Title 37 of the O.C.G.A., relating to mental health, so as to provide for a psychiatric advance directive; to provide for a competent adult to express his or her mental health care treatment preferences and desires.

SB55

January 1, 2017 -Senate Read and Referred

Refers to “decisional supports”

Hawaii

Entitles designated family members and other interested persons of a person having a mental health emergency to: notice of emergency admission, examination, and hospitalization.
To be present in the courtroom for a hearing on a petition for involuntary hospitalization or assisted community treatment, to receive copies of hearing transcripts or recordings, unless the court determines that the interests of justice require otherwise.

SB122

(Engrossed) March 09, 2017 Referred to HLT, JUD, referral sheet 27 [SB122 Detail]

Refers to “support systems”

Indiana

Urging the legislative council to assign to the appropriate study committee the topic of supported decision making as an alternative option to adult guardianship in probate courts.

SR44

Passed on April 18, 2017

To study SDM as an A2G

Kansas

Ensuring nondiscrimination of organ transplants on the basis of disability.

HB2343

Engrossed on March 20, 2017

Refers to “support systems”

Maine

To direct legislative staff To recodify and revise the Maine Probate Code and to direct the Probate and Trust Law Advisory Commission and the Family Law Advisory Commission to study and make recommendations on related issues.

HP900

Passed on March 29, 2016

To study SDM as an A2G due January 15, 2017

Massachussettes

Providing for nondiscrimination in access to organ transplantation.

H4332

Approved on December 2, 2016

Refers to “support systems”

To establish the office of adult guardianship and decisional support services.

S1177

Introduced on January 23, 2017

Refers to “decisional supports”

To establish the office of adult guardianship and decisional support services.

H3027

Introduced on January 23, 2017

Refers to “decisional supports”

Maryland

Public Health – Nondiscrimination in Access to Anatomical Gifts and Organ Transplantation.

SB0792

Passed on May 12, 2015 – 100% progression

Refers to “support systems”

Missouri

Relates to decisions regarding health care and health care records.

HB144

Engrossed on April 19, 2017 – 50% progression
May 2, 2017 – Public Hearing Held (S)

Refers to “decisional supports”

Authorizes a health care decision-maker to make health care decisions for an incapacitated patient.

SB493

April 10, 2017 – Hearing Conducted S Judiciary and Civil and Criminal Jurisprudence Committee

Refers to “decisional supports”

Montana

Allow for proxy decision-making in medical care.

SB92

May 05, 2017 Chapter Number Assigned

Refers to “decisional supports”

Nebraska

Provide for supportive services for disabled parents in family and dependency matters.

LB456

Notice of hearing for February 08, 2017

Refers to “support networks”

New Jersey

Concerning anatomical gifts and supplementing P.L.2008, c.50 (C.26:6-77 et seq.)

Approved on July 17, 2013

Refers to “support systems”

New York

Relates to guardianship and health care decisions of persons with developmental disabilities.

A05840

Introduced on February 16, 2017

Requires guardianship petitioners to consider SDM as an A2G

Relates to guardianship and health care decisions of persons with developmental disabilities.

S05482

Engrossed on June 22, 2017

Requires guardianship petitioners to consider SDM as an A2G

Relates to replacing the term intellectually disabled with developmentally disabled; and relates to guardianship and health care decisions of persons with developmental disabilities.

A08171

Introduced on June 1, 2017

Requires guardianship petitioners to consider SDM as an A2G

North Carolina

LRC/Sptd Decsn-Making In Lieu of Guardianship

HB713

Introduced on April 11, 2017

To study SDM as an A2G

North Dakota

An act to create and enact a new section to chapter 25-03.1, a new subsection to section 30.1-28-04, and a new subsection to section 30.1-28-12 of the North Dakota Century Code, relating to powers, duties, and authority of a guardian regarding medical decisions; and to declare an emergency.

HB1365

Passed on April 18, 2017 – 100% progression

Refers to guardian/guardianship

Ohio

To enact sections 2108.36, 2108.37, and 2108.38 of the Revised Code regarding anatomical gifts, transplantation, and discrimination on the basis of disability.

HB332

September 12, 2017 -Refer to Committee: Health

Refers to “support systems”

Oregon

Relating to anatomical gifts; and declaring an emergency.

HB2839

Enrolled on TBD

Refers to “support networks”

Pennsylvania

Amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, in anatomical gifts, further providing for manner of executing anatomical gifts.

SB108

May 24, 2017 – Referred to JUDICIARY

Refers to “support systems”

Tennessee

An Act to amend Tennessee Code Annotated, Title 34, relative to Supported Decision-Making Agreements for adults (18 years of age or older or an individual under 18 who has been legally emancipated)

SB0264

March 28, 2017-Deferred to Summer Study

To consider SDMA as an A2G and “support system”

An Act introduced enacts the Supported Decision-Making Agreement Act – Amends TCA Title 34

HB0941

April 05, 2017 Action Def. in s/c Civil Justice Subcommittee to 2nd Calendar of 2018

To consider SDMA as an A2G and “support system”

Texas

Relating to estates and to guardianships, substitutes for guardianships, and durable powers of attorney for persons with disabilities or who are incapacitated.

SB39

Passed on June 9, 2017

Refers to “support systems”

Relating to estates and to guardianships, substitutes for guardianships, and durable powers of attorney for persons with disabilities or who are incapacitated.

HB3847

Introduced on March 9, 2017

Refers to “decisional supports”

Virginia

Study; supported decision-making; report. Requests the Secretary of Health and Human Resources to examine the use of supported decision-making for individuals with intellectual and developmental disabilities in the Commonwealth, compare the Commonwealth’s policies and practices related to supported decision-making and informed choice to the policies and practices used in other jurisdictions, and recommend strategies to improve the use of supported decision-making in the Commonwealth.

HJR190

Passed on March 4, 2014

Passed on March 4, 2014

Washington

Concerning the methods of services provided by the office of public guardianship.

HB1139

June 21, 2017- By resolution, reintroduced and retained in present status.

To study/consider SDM as an A2G

Concerning the methods of services provided by the office of public guardianship.

SB5447

June 21, 2017- By resolution, reintroduced and retained in present status.

Authorizes the Office of Public Guardianship to expand the program to also include SDM assistance and estate administration.