On October 1, 2018, a new law became effective as it applies to certain advanced directives. The change gives advanced practice registered nurses the authority to perform certain functions that could previously only be performed by physicians.
What Is an Advanced Practice Registered Nurse (APRN)?
Public Act 18-168 (“the Act”) defines an advanced practice registered nurse (a/k/a APRN) to mean an advanced practice registered nurse licensed under Connecticut law who is selected by or assigned to a patient and has the primary responsibility for the treatment and care of that patient.
What Are the Changes to the Connecticut Law?
With respect to a living will (which is one type of advanced directive), the Act amends Section 19a-575 as follows:
"If the time comes when I am incapacitated to the point when I can no longer actively take part in decisions for my own life and am unable to direct my physician or advanced practice registered nurse as to my own medical care, I wish this statement to stand as a testament of my wishes. I request that if my condition is deemed terminal or if it is determined that I will be permanently unconscious, I be allowed to die and not be kept alive through life support systems. By terminal condition, I mean that I have an incurable or irreversible medical condition which, without the administration of life support systems, will – in the opinion of my attending physician or advanced practice registered nurse – result in death within a relatively short time."
The Act also amends Section 19a-577 of the Connecticut General Statutes with respect to an appointment of health care representative (which is another type of advanced directive). The Appointment of Health Care Representative form now reads as follows:
"I appoint [Name] to be my health care representative. If my attending physician or advanced practice registered nurse determines that I am unable to understand and appreciate the nature and consequences of health care decisions and to reach and communicate an informed decision regarding treatment, my health care representative is authorized to (1) accept or refuse any treatment, service or procedure used to diagnose or treat my physical or mental condition and (2) make the decision to provide, withhold or withdraw life support systems."
What These Changes Mean for Terminally Ill Patients
So in the context of a living will, the APRN now has the power under the law to render an opinion about whether someone’s terminal condition will result in death within a relatively short period of time, if they don’t receive life support. Similarly, in the context of an appointment of health care representative, the APRN now has the power under the law to make a determination as to whether someone understands and appreciates the nature and consequences of making health care decisions for themselves and whether they can also make an informed decision and communicate it to a doctor or an APRN. Thus, the change in the law now gives the APRN – in addition to a doctor – the authority to do things that previously were reserved only for physicians.
Some folk might disagree with giving APRN’s the same kind of power as doctors but one thing is clear: it is now the law in the State of Connecticut. If you have questions about how or whether Connecticut’s modified advanced directive statute applies to you, contact the estate planning attorneys at Cipparone & Zaccaro. We help to create clear and understandable estate plans for people by taking the time to explain the law and how it might apply to you.
