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Introduced Version House Bill 2107 History

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Key: Green = existing Code. Red = new code to be enacted


H. B. 2107


(By Delegate Staton)

[Introduced February 14, 2001; referred to the

Committee on the Judiciary then Finance.]





A BILL to amend article thirty, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-five; to amend and reenact section one, article one, chapter thirty-nine of said code; and to further amend said chapter by adding thereto a new article, designated article four-a, all relating to the registration and recordation of durable powers of attorney and medical powers of attorney; making information regarding the durable powers of attorney available to certain persons; requiring the secretary of state to establish a process to register durable powers of attorney and verify the identity of persons authorized to request information regarding the durable powers of attorney; requiring the secretary of state to advise the registrant of certain procedures pertaining to the durable power of attorney; and providing that registration has no impact on the validity or revocation of durable powers of attorney.

Be it enacted by the Legislature of West Virginia:

That article thirty, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section twenty-five; that section one, article one, chapter thirty-nine of said code be amended and reenacted; and that said chapter be further amended by adding thereto a new article, designated article four-a, all to read as follows:

CHAPTER 16. PUBLIC HEALTH.

ARTICLE 30. WEST VIRGINIA HEALTH CARE DECISIONS ACT.

§16-30-25. Registration of medical powers of attorney.

A medical power of attorney may be registered with the secretary of state's office pursuant to article four-a, chapter thirty-nine of this code.

CHAPTER 39. RECORDS AND PAPERS.

ARTICLE 1. AUTHENTICATION AND RECORD OF WRITINGS.

§39-1-1. Power of attorney may be recorded.

A power of attorney may be admitted to record in any county or may be registered with the secretary of state's office, or may be registered with both the county clerk and secretary of state.

ARTICLE 4A. REGISTRATION OF DURABLE POWERS OF ATTORNEY.

§39-4A-1. Short title.

This article may be cited as the "Registration of Durable Powers of Attorney Act."

§39-4A-2. Registry system for durable powers of attorney.

The secretary of state shall establish a registry system by which any person who has executed a durable power of attorney, including a medical power of attorney, may register information regarding the durable power of attorney, making that information available to any public guardian, health care provider, or other person authorized by the registrant. Information that may be received and released is limited to the registrant's name, social security or driver's license or other identifying number established by law, address, date and place of birth, the intended place of deposit or safekeeping of durable power of attorney, and the name and telephone number of the attorney and any alternative attorney in fact. The secretary of state, at the request of the registrant, may transmit the information received
regarding the durable power of attorney to the registry system of another jurisdiction as identified by the registrant. The secretary of state may charge a fee to each registrant in an amount that, when all fees charged to registrants are aggregated, the aggregated fees do not exceed the actual cost of establishing and maintaining the registry.
§39-4A-3. Identity verification.

The secretary of state shall establish procedures to verify the identities of health care providers, the public guardian, and other authorized persons requesting information pursuant to section two of this article. No fee may be charged to any health care provider, the public guardian, or other authorized person requesting information pursuant to section two.
§39-4A-4. Specific procedures regarding medical power of attorney.

(a) The secretary of state shall establish procedures to advise each registrant of the following:
(1) A health care provider may not honor a durable power of attorney for health care until it receives a copy from the registrant.
(2) Each registrant must notify the registry upon revocation of the durable power of attorney for health care.
(3) Each registrant must reregister upon execution of a subsequent durable power of attorney for health care.
(b) Nothing in this section requires a health care provider to request from the registry information about whether a patient has executed a durable power of attorney for health care. Nothing in this section affects the duty of a health care provider to provide information to a patient regarding advanced health care directives pursuant to any provision of federal law.
§39-4A-5. Revocation and invalidation.
Failure to register with the secretary of state does not invalidate any durable power of attorney. Registration with the secretary of state does not affect the ability of the registrant to revoke that durable power of attorney or a later executed power, nor does registration raise any presumption of validity or superiority among any competing powers or revocations.


NOTE: The purpose of this bill is to create a system of registration for durable powers of attorney and medical powers of attorney with the secretary of state's office.

§16-30-25 and §§39-4A-1 through 5 are new; therefore, strike-throughs and underscoring have been omitted.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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