IV 

109TH CONGRESS 

1ST SESSION H. RES. 217

Supporting the rights of individuals to make medical decisions as guaranteed 

by the Fourteenth Amendment of the Constitution and encouraging all 

Americans to set forth their wishes in living wills that designate health 

care surrogates and in other advance directives. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 14, 2005

Mr. WEXLER (for himself and Ms. GINNY BROWN-WAITE of Florida) submitted the following resolution; which was referred to the Committee on 

Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each 

case for consideration of such provisions as fall within the jurisdiction of 

the committee concerned 

RESOLUTION

Supporting the rights of individuals to make medical decisions as guaranteed by the Fourteenth Amendment of 

the Constitution and encouraging all Americans to set 

forth their wishes in living wills that designate health 

care surrogates and in other advance directives.

Whereas individuals have an inalienable right to make medical decisions regarding their treatment as included in 

their right to self-determination under the Fourteenth 

Amendment of the Constitution; 

Whereas living wills and other advance directives are voluntary statements that allow individuals to specify the 
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types of medical treatment that they would request or 

refuse if an illness or an accident leaves them incapable 

of making decisions on these matters, including, as applicable, end-of-life medical decisions such as the time and 

under what conditions an agreement or power of attorney 

takes effect; the identification of a health care surrogate; 

the extent to which cross-consultation should occur; decisions about artificially administered nutrition or hydration; being kept alive on a respirator or being given 

cardiopulmonary resuscitation for cardiac arrest; and the 

circumstances when revocation may be possible; 

Whereas it is advisable that a living will designate a health 

care surrogate, which is someone who is authorized to 

make decisions that are in accordance with the requests 

of an individual if an illness or an accident leaves that 

individual incapable of making decisions on these matters; 

Whereas it is important for individuals in good health to discuss end-of-life medical treatment with their spouses, 

other family members, physicians, nurses, and clergy, and 

to communicate openly on these issues in an effort to 

ameliorate the many difficult decisions that must be 

made in cases where the patient is unable to communicate his or her wishes due to incapacitation; 

Whereas the amendments made by section 4206 of Public 

Law 101–508, commonly referred to as the Patient SelfDetermination Act of 1990, encourage individuals to 

specify their wishes in advance and requires health care 

agencies receiving Medicare and Medicaid reimbursement 

to recognize living wills and the power of attorney for 

health care as advance directives; 
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Whereas State and Federal court decisions have established 

the right of an incompetent or comatose patient to have 

his or her medical wishes respected, as long as those 

wishes are known; 

Whereas section 1044c of title 10, United States Code, provides that, in the case of members of the Armed Forces 

and their dependents, an advance medical directive, including a living will, lawfully prepared by an attorney has 

full effect in all 50 States, the District of Columbia, the 

commonwealth of Puerto Rico, and the possessions and 

territories of the United States; and 

Whereas living wills that designate health care surrogates 

and other advance directives establish clear and convincing evidence of what treatment is best in keeping 

with the wishes of an individual with respect to health 

care choices and personal and religious beliefs, when that 

individual can no longer communicate those wishes: Now, 

therefore, be it

1 Resolved, That the House of Representatives—

2 (1) reaffirms the rights of individuals to make 

3 medical decisions as guaranteed under the Four4 teenth Amendment to the Constitution; 

5 (2) recognizes the importance and benefits to 

6 all Americans, regardless of age, of having living 

7 wills that designate health care surrogates or of 

8 using other advance directives to express their wish9 es and values regarding their medical care; and 

10 (3) encourages all Americans to set forth their 

11 health care wishes in living wills that designate 
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1 health care surrogates or in other advance directives 

2 and to talk to their families and loved ones about 

3 the types of medical treatment that the individuals 

4 prefer whenever they are incapable of making in5 formed health care decisions.

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