An Act relating to the filing of certain health documents commonly known as advance health directives and living wills; and amending Rule 1002, Alaska Rules of Evidence.

Posted: February 22, 2000
Contact: Representative Lisa Murkowski at (907) 465-3783

House Bill 391 is a measure that establishes a state maintained Internet website for registry and retrieval of living will documents.

Oftentimes, individuals that have executed a living will are the only ones who know the location of the document. Production of the living will may be necessary when the individual who executed the living will is incapable, unconscious, or unable to confirm the location. Even when the document can be located it may only be a photocopy, which has no legal force without the original.

HB 391 provides that any person who has signed a living will, may on a completely voluntary basis, register it with the state of Alaska by filling out a form, attaching an original of the living will, and giving both documents along with a filing fee to the Department of Health and Social Services. The state would retain the original living will and would list the persons who have registered their living wills on the state's Internet site as part of an electronic register of living wills. The register would contain a list of names of those who have registered their living wills, along with a link to an exact image of each person's living will and registration form.

This legislation provides that any person may present to the relevant health care provider a printout of the person's living will as it appears on the state website. However, no person has the duty to search the site. When presented with the document, a health care provider would be required by law to treat such downloaded and printed documents with the same force and effect as if they had received an original living will from the patient and would proceed accordingly. Thus, the living will cannot get "lost." Additionally, the information is accessible 24-hours-a-day everyday-one of HB 391's chief virtues.