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HB 349

Modify Health Care Powers of Attorney/Advance Directives.

2025-2026 Session Introduced by Gloristine Brown and 14 co-sponsors

HB 349 lets parents pick the nursing provider for a student's IEP-mandated school-based health services.

Ref To Com On Rules, Calendar, and Operations of the House
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Bill Summary · HB 349

Summary — HB 349: “Reqs HC POA / Adv Direct / IEP Nurse Choice” (Committee Substitute Reported Favorably)

Status: Reported Favorably (Committee Substitute)
Introduced: (Filed Nov. 12, 2024 per docket) — committee substitute reported 3/25/2025

Main purpose / intent

HB 349 modernizes and clarifies rules governing Health Care Powers of Attorney (HCPOA) and Advance Health Care Directives (living wills) and expands parental choice for nursing service providers required by an Individualized Education Program (IEP). The bill is intended to increase accessibility and usability of advance care planning documents (including via electronic filing) and to give parents more control over who provides school-based nursing services required under an IEP.

Key provisions

  • Health Care Powers of Attorney (Part I)

    • Revises statutory language on what constitutes a valid HCPOA and updates the model HCPOA form language.
    • Clarifies witnessing and notarization language (including who may serve as a notary or witness in certain circumstances). The bill explicitly addresses the role/eligibility of notaries and qualified witnesses connected to health care settings in the execution/acknowledgement process.
    • Encourages (and references) filing HCPOA documents with the State’s Advance Health Care Directive Registry.

  • Advance Health Care Directives (Part II)

    • Updates statutory definitions and execution requirements for advance directives (living wills), including witness qualifications and form provisions.
    • Authorizes the Secretary of State to accept electronic filings of advance health care directives (modernizing document filing and storage and improving access).

  • IEP Nursing Service Provider Choice (Part III)

    • Provides that parents/guardians may select the nursing service provider that delivers nursing services required by a student’s IEP (affecting the delivery model and provider selection for school-based health/nursing supports). (Text truncated in source; the core intent is to permit parent choice of provider for IEP-mandated nursing.)

Who is affected

  • Individuals executing HCPOAs or Advance Directives (patients/consumers), their designated agents, and family decision‑makers.
  • Health care providers, notaries public, witnesses, and institutions that previously had strict restrictions on who may witness or notarize documents.
  • The Secretary of State (will administer/receive electronic filings) and the State registry for advance directives.
  • School systems, parents/guardians of students with IEPs, school nurses, and external nursing service providers who deliver IEP-mandated nursing supports.

Potential impacts and considerations

  • Accessibility: Electronic filing authority and clarified forms may increase public access and reduce barriers to completing valid advance care documents.
  • Administrative: The Secretary of State and the advance directive registry may need technical and administrative changes to accept and manage electronic filings.
  • Education/IEP operations: Allowing parent choice of nursing provider may change contracting and operational arrangements for school districts and could shift which entities (district-employed nurses or external agencies) deliver services.
  • Legal clarity: Changes to witness/notary eligibility are intended to reduce invalidations of documents executed in health care settings but may require provider and notary training.

Procedural / next steps

  • As reported, the committee substitute was favorably reported (3/25/2025). The bill has been referred to subsequent committees (e.g., Judiciary/Rules) per usual legislative process. Further committee consideration, floor votes, or amendments may occur before final enactment.

Compiled from official sources — confirm details with the bill’s official record.

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