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Missouri bill establishes a designated health care decision-maker priority list for incapacitated patients

Original title: HEALTH CARE DECISION-MAKING PROCEDURES

Last action · May 15, 2026: Referred: Emerging Issues(H)Sponsors: Dean Van Schoiack and 1 other

Introduced
Committee
Floor Vote
Passed
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What This Bill Would Do

House Bill 1886 establishes the Designated Health Care Decision-Maker Act, creating a prioritized list of family members and associates who can make medical decisions for adult patients lacking a designated agent or guardian. The legislation sets strict rules for withdrawing life-sustaining treatment or artificial nutrition and hydration, provides liability protections for healthcare providers making reasonable contact efforts, and allows providers to decline care based on moral or religious objections while facilitating patient transfer.

Why it matters

The measure determines who legally holds medical proxy authority for individuals without existing durable powers of attorney, directly altering how hospitals and nursing homes handle consent, end-of-life care, and patient transfers.

Background
  • The General Assembly of Missouri considers legislation governing health care decision-making procedures and surrogate consent for incapacitated patients. context

Who It Would Affect

Groups the bill's text would affect if enacted, as described in the record. Being affected is not a position for or against it.

Directly affected

incapacitated persons

Their medical care, treatment options, and end-of-life decisions will be managed by a statutorily prioritized surrogate decision-maker when they lack capacity.

Directly affected

healthcare providers and facilities

They must follow contact procedures to identify decision-makers, rely on certified medical judgments, and are granted rights to transfer patients based on moral or religious objections.

Directly affected

patient family members

They receive a structured legal priority order to step in as surrogate decision-makers for incapacitated relatives.

Key Facts

  • The measure establishes a specific priority order for designated health care decision-makers, starting with the spouse, followed by adult children, parents, siblings, grandparents or grandchildren, other relatives, religious community members, close friends, or unanimous designees.
  • Two licensed physicians must determine after reasonable inquiry that a patient is incapacitated before a designated health care decision-maker may act.
  • Physicians or designees must make reasonable efforts to contact potential decision-makers within twenty-four hours of an incapacity determination by examining personal effects and medical records.
  • A designated health care decision-maker is deemed a personal representative for accessing private medical information under HIPAA regulations.
Show all 8 facts
  • Withholding or withdrawing artificially supplied nutrition and hydration requires certification by two licensed physicians that it is not necessary for comfort or cannot be physiologically assimilated.
  • Individuals with active, substantiated reports of abuse or neglect involving the patient are excluded from serving as decision-makers.
  • Healthcare providers and facilities may decline to comply with decisions that violate their religious beliefs or sincerely held moral convictions, provided they do not impede patient transfer.
  • Decision-makers are explicitly prohibited from withholding nutrition or hydration with the intent of hastening or causing the death of the patient.

Frequently Asked Questions

Who can make medical decisions if an incapacitated patient has no designated agent or guardian?
A prioritized list of individuals may make decisions, beginning with the patient's spouse, followed by adult children, parents, adult siblings, grandparents or grandchildren, other relatives, religious community members, close friends, or a person chosen by unanimous mutual agreement.
Can a healthcare provider refuse to follow a decision made by a designated decision-maker?
Yes, a healthcare provider or facility may decline to comply with a decision if it violates their religious beliefs or sincerely held moral convictions, but they must not impede the transfer of the patient to another provider willing to comply.
What requirements must be met before artificially supplied nutrition or hydration can be withdrawn?
Two licensed physicians must certify in the medical record that the artificial nutrition or hydration is not necessary for comfort or pain relief, will only prolong dying with death occurring shortly regardless, or cannot be physiologically assimilated or tolerated by the patient.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

Currently in committee. The next step in the legislative lifecycle is Floor Vote.

Procedural history

4 actions
  1. May 15, 2026HouseCommittee
    Referred: Emerging Issues(H)
  2. Jan 8, 2026HouseFloor
    Read Second Time (H)
  3. Jan 7, 2026HouseIntroduced
    Read First Time (H)
  4. Dec 1, 2025HouseIntroduced
    Prefiled (H)

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift95% confidence

Creation of Statutory Surrogate Hierarchy

The bill creates a formalized statutory hierarchy for medical decision-making in the absence of pre-existing legal instruments like durable powers of attorney.

Connected Entities

General Assembly
OrganizationGeneral Assembly“The state legislature enacting the measure”Map →

Sources

Analysis Score

0–100
  • Significance75
    How much this matters to a regular citizen
  • Controversy45
    Intensity of disagreement among stakeholders
  • Entertainment5
    Compellingness for a non-policy-wonk reader
  • Buzz20
    Current news / social attention level

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