WA People
BILL · 2021–22 SESSION · LATEST VERSION SSB 5185

SB 5185: Health care consent

Concerning capacity to provide informed consent for health care decisions.

Summary

  • Establishes a presumption that a person has the capacity to make health care decisions, if they are of age and not subject to a guardianship.
  • Allows a health care provider to overcome the presumption of capacity by reasonably determining that the person has demonstrated an inability to understand and appreciate the nature and consequences of a health care condition or proposed treatment.
  • Changes terminology referring to persons who have an appointed guardian, and persons who are competent or not legally competent, to instead refer to whether or not the person has capacity.

From the Substitute Senate Bill Report (SSB 5185), written by the Legislature's nonpartisan staff. Read the full report ↗

Enacted Enacted · Chapter 270, Laws of 2021
  1. IntroducedJan 13, 2021
  2. Out of committeeJan 29, 2021
  3. Passed SenateFeb 16, 2021
  4. Passed HouseApr 5, 2021
  5. GovernorMay 12, 2021
  6. LawMay 12, 2021
Prime sponsor
Jamie Pedersen (D-43)
Introduced
January 13, 2021 in the Senate
Last action
May 12, 2021
Session law
Chapter 270, Laws of 2021
Versions
SB 5185, SSB 5185

AN ACT Relating to capacity to provide informed consent for health care decisions;

Sponsors

Prime sponsor: Jamie Pedersen (D-43)

1 co-sponsor (1 Democrat, 0 Republicans)

Claire Wilson D-30

Votes

Senate · 3rd Reading & Final Passage

Passed February 16, 2021
Version voted on: SSB 5185
30 Yea 17 Nay 0 Absent 2 Excused
PartyYeaNayAbsentExcused
Democrat28001
Republican21701
How each member voted

Excused (2)

Permalink to this vote

House · Final Passage as Amended by the House

Passed April 5, 2021
Version voted on: SSB 5185
97 Yea 1 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat57000
Republican40100
How each member voted

Yea (97)

Nay (1)

Permalink to this vote

Senate · Final Passage as Amended by the House

Passed April 21, 2021
Version voted on: SSB 5185
35 Yea 14 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat28100
Republican71300
How each member voted
Permalink to this vote

History

  1. Effective date 1/1/2022. (SSB 5185)
  2. Chapter 270, 2021 Laws. (SSB 5185)
  3. Governor signed. (SSB 5185)
  4. Delivered to Governor. (SSB 5185)
  5. Speaker signed. (SSB 5185)
  6. President signed. (SSB 5185)
  7. Passed final passage; yeas, 35; nays, 14; absent, 0; excused, 0. (SSB 5185)
  8. Senate concurred in House amendments. (SSB 5185)
  9. Third reading, passed; yeas, 97; nays, 1; absent, 0; excused, 0. (SSB 5185)
  10. Rules suspended. Placed on Third Reading. (SSB 5185)
  11. Committee amendment(s) adopted with no other amendments. (SSB 5185)
  12. Rules Committee relieved of further consideration. Placed on second reading. (SSB 5185)
  13. Referred to Rules 2 Review. (SSB 5185)
  14. CRJ - Executive action taken by committee. (SSB 5185)
  15. CRJ - Majority; do pass with amendment(s). (SSB 5185)
  16. Referred to Civil Rights & Judiciary. (SSB 5185)
  17. Committee relieved of further consideration. (SSB 5185)
  18. First reading, referred to Health Care & Wellness. (SSB 5185)
  19. Third reading, passed; yeas, 30; nays, 17; absent, 0; excused, 2. (SSB 5185)
  20. Rules suspended. Placed on Third Reading. (SSB 5185)
  21. 1st substitute bill substituted. (SSB 5185)
  22. 1st substitute bill substituted.
  23. Placed on second reading by Rules Committee. (SSB 5185)
  24. Placed on second reading by Rules Committee.
  25. Passed to Rules Committee for second reading. (SSB 5185)
  26. Passed to Rules Committee for second reading.
  27. LAW - Majority; 1st substitute bill be substituted, do pass. (SSB 5185)
  28. Minority; do not pass. (SSB 5185)
  29. Minority; without recommendation. (SSB 5185)
  30. Minority; without recommendation.
  31. Minority; do not pass.
  32. LAW - Majority; 1st substitute bill be substituted, do pass.
  33. First reading, referred to Law & Justice.

SB 5185 in other sessions

Bill numbers restart every two years, so the same number is a different bill in each session.

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