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) sub-
mitted the following resolution; which was referred to the Committee on 
Energy and Commerce, and in addition to the Committee on the Judici-
ary, 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 deci-
sions 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 med-
ical 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 vol-
untary statements that allow individuals to specify the
•HRES 217 IH 
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 appli-
cable, 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; deci-
sions about artificially administered nutrition or hydra-
tion; 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 mat-
ters; 
Whereas it is important for individuals in good health to dis-
cuss 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 commu-
nicate 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 Self-
Determination 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;
•HRES 217 IH 
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, pro-
vides that, in the case of members of the Armed Forces 
and their dependents, an advance medical directive, in-
cluding 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 con-
vincing 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
Resolved, That the House of Representatives—
(1) reaffirms the rights of individuals to make 
medical decisions as guaranteed under the Four-
teenth Amendment to the Constitution; 
(2) recognizes the importance and benefits to 
all Americans, regardless of age, of having living 
wills that designate health care surrogates or of 
using other advance directives to express their wish-
es and values regarding their medical care; and 
(3) encourages all Americans to set forth their 
health care wishes in living wills that designate
•HRES 217 IH 
health care surrogates or in other advance directives 
and to talk to their families and loved ones about 
the types of medical treatment that the individuals 
prefer whenever they are incapable of making in-
formed health care decisions.
Æ