AMENDED IN SENIOR ASSEMBLY OCTOBER 16, 2006

SENIOR ASSEMBLY PROPOSAL NO.25

INTRODUCED BY SENIOR ASSEMBLY MEMBER L. YOUNG

(COAUTHORS: SENIOR ASSEMBLY MEMBERS TUCKER, WIECK, AND WOODS)

(COAUTHORS: SENIOR SENATORS FROMM AND B. YOUNG)

LEGISLATIVE COUNSEL’S DIGEST

AP 25: SKILLED NURSING FACILITIES: END-OF-LIFE PRIVACY.

EXISTING LAW DEFINES A “SKILLED NURSING FACILITY” AS A HEALTH FACILITY THAT PROVIDES SKILLED NURSING CARE AND SUPPORTIVE CARE TO PATIENTS WHOSE PRIMARY NEED IS THE AVAILABILITY OF THAT CARE ON AN EXTENDED BASIS. EXISTING LAW IMPOSES SPECIFIED REQUIREMENTS UPON SKILLED NURSING FACILITIES WITH REGARD TO, AMONG OTHER THINGS, ITS PATIENTS, STAFFING RATIOS, AND THE MEDICAL SERVICES PROVIDED BY THOSE FACILITIES.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE ALL SKILLED NURSING FACILITIES IN THE STATE TO PROVIDE A PRIVATE ROOM OR AT A MINIMUM A ROOM DESIGNATED AS HOSPICE, IF AVAILABLE, TO A RESIDENT WHO HAS BEEN DIAGNOSED AS TERMINAL WITHIN FIVE DAYS OF THAT DIAGNOSIS, AS SPECIFIED.

VOTE: MAJORITY.

AP 25: RELATING TO SKILLED NURSING FACILITIES

WHEREAS, IN MANY CASES, A RESIDENT RESIDING IN A SKILLED NURSING FACILITY, WHO HAS BEEN DIAGNOSED AS TERMINAL AND FOR WHOM DEATH IS IMMINENT, IS REQUIRED TO REMAIN IN THE SAME ROOM AS A RESIDENT WHO MAY BE RECOVERING FROM AN ILLNESS. THE RECOVERING RESIDENT IS THEN LEFT WITH NO CHOICE BUT TO WATCH THE TERMINAL RESIDENT, POSSIBLY A FRIEND, DIE, WHILE THE TERMINAL RESIDENT IS NOT ALLOWED TO DIE WITH DIGNITY; AND

WHEREAS, IN MOST CASES, TWO RESIDENTS SHARING ONE ROOM HAVE BONDED AND HAVE DEVELOPED A FRIENDSHIP, THEREBY CAUSING EXTREME TRAUMA TO BOTH AS THE DYING PROCESS ACCELERATES FOR THE TERMINAL RESIDENT; AND

WHEREAS, A RESIDENT OF A SKILLED NURSING FACILITY SHOULD BE PROVIDED WITH A PRIVATE ROOM WHERE FAMILY AND CLERGY MAY TEND TO THAT RESIDENT’S LAST RITES IN PRIVATE, AND THE RECOVERING RESIDENT SHOULD NOT BE FORCED TO WITNESS THE DEATH; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2006 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT ALL SKILLED NURSING FACILITIES IN THE STATE OF CALIFORNIA SHALL PROVIDE EITHER A PRIVATE ROOM, OR AT A MINIMUM A ROOM DESIGNATED AS HOSPICE, IF AVAILABLE, FOR A RESIDENT WHO HAS BEEN DIAGNOSED AS TERMINAL WITHIN FIVE DAYS OF THAT DIAGNOSIS TO ALLOW FAMILY OR CLERGY TO BE WITH THE RESIDENT TO ALLOW FOR A DEATH WITH DIGNITY AND THE PROCESS OF LAST RITES; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

RN20061899809

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