WHEREAS, the recent and very public ordeal of Terri Schiavo, a woman whose life was unequivocally changed and eventually ended as the result of events triggered by a cardiac arrest she suffered in 1990, has focused this State and our nation on the various issues raised by Advanced Health Care Directives and the failure to have one; and

WHEREAS, pundits on all sides of these difficult issues have put forward several proposals to prevent a situation like Ms. Schiavo’s from presenting the kind of public outcry seen in her case; and

WHEREAS, many of the offered solutions are limited in scope and represent fundamental shifts in laws governing the rights of individuals, or their loved ones, facing situations like Ms. Schiavo’s; and

WHEREAS, it is the purpose and intent of this General Assembly to investigate a way to facilitate (but not require) the adoption of a “short-form” advanced health care directive by any person who applies for a Delaware driver license or non-driver identification card;

NOW THEREFORE:

BE IT RESOLVED by the Senate of the 143^rd General Assembly of the State of Delaware, the House of Representatives thereof CONCURRING therein, that there is hereby established a Task Force to examine how best to implement a “short-form” advanced health care directive to be associated with a notation on Delaware driver licenses or non-driver identification cards; and

BE IT FURTHER RESOLVED that the Task Force shall consist of the following individuals:

1. A member of the Senate, to be appointed by the President Pro Tempore of the Senate, who shall serve as chair of the Task Force;

2. A Delaware attorney whose practice includes preparation of Advanced Health Care Directives;

3. A member of the public, to be appointed by the President Pro Tempore of the Senate;

4. A member of the House of Representatives, to be appointed by the Speaker of the House;

5. A representative of Delaware hospitals or health care organizations, to be appointed by the Speaker of the House;

6. A member of the public, to be appointed by the Speaker of the House;

7. The Director of the Division of Motor Vehicles, or his or her designee;

8. The Insurance Commissioner, or his or her designee;

9. The Secretary of the Department of Health and Social Services, or his or her designee; and

10. The State Chief Information Officer, or his or her designee.

BE IT FURTHER RESOLVED that the Task Force shall propose a “short-form” advanced health care directive, based on but not necessarily consistent in every way with Delaware’s laws governing advanced health care directives, that:

1. Must be associated with a notation on Delaware driver licenses or non-driver identification cards;

2. May be completed by any person who applies for a Delaware driver license or non-driver identification card;

3. Permits any competent adult or emancipated minor to designate one or more persons of his or her choosing to act as his or her surrogate; and

4. Requires all incompetent adults and un-emancipated minors to designate as his or her surrogate: a parent, guardian, or other person who (i) is legally charged with his or her care or custody or (ii) is an individual in a position to lawfully make medical decisions on his or her behalf.

BE IT FURTHER RESOLVED that this Task Force shall:

1. Recommend the most feasible methods of

a. Retaining a legally sufficient copy of the proposed directive at the Division of Motor Vehicles, or some other secure location in the State;

b. Providing access to the directive to health care providers whose patients have completed the form, and the circumstances under which such access would be granted; and

c. Integrating a notation on the face of Delaware Driver Licenses and Non-driver Identification Cards any time the directive has been completed, in a manner similar to how an organ donation designation is integrated;

2. Identify any additional staff or other services that would be necessary to implement its proposals and recommendations; and

3. Identify areas of Delaware law that must be amended or changed in order to implement its proposals and recommendations.

BE IT FURTHER RESOLVED that this Task Force shall meet at least once within the first 60 days following the date this Resolution is adopted to organize and establish a timeline for completion of its duties. At all meetings of the Task Force, the Task Force shall make decisions on a simple majority vote of its membership; provided, however, that the Chair shall have the authority to call, coordinate, run, and adjourn the meeting but shall vote on a question only in the event of a tie.

BE IT FURTHER RESOLVED that the Task Force shall produce a comprehensive report of its research, findings, recommendations and proposals to be delivered to the Speaker of the House, the President Pro Tempore of the Senate, and the Governor no later than January 26, 2006.

SPONSOR:	Sen. Venables & Rep. Ewing;
	Sens. Sokola, Sorenson; Reps. Buckworth, DiPinto, Maier, Keeley