An Act to Require Parental Consent to Withhold Life-sustaining
Maine Legislature, Session 132, LD 0410
Committee: Health Coverage, Insurance and Financial Services
Sponsors: PAUL, HAGGAN
Amends: 22 MRSA §1509

Legislative Document
No. 410
H.P. 264
House of Representatives, February 4, 2025
An Act to Require Parental Consent to Withhold Life-sustaining 
Measures for a Minor or to Comply with a Do-not-resuscitate Order 
for a Minor
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative PAUL of Winterport.
Cosponsored by Senator HAGGAN of Penobscot and
Representatives: GRIFFIN of Levant, HAGGAN of Hampden, JAVNER of Chester, QUINT 
of Hodgdon.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §1509 is enacted to read:
§1509.  Parental consent required for restrictions on life-sustaining measures
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Do-not-resuscitate order" means an order in a minor's medical record to not use 
cardiopulmonary resuscitation measures if the minor's heart or breathing stops.  "Do-
not-resuscitate order" does not include withholding a medical intervention to provide 
a minor with comfort care or to alleviate pain.
B.  "Facility" means a facility licensed under chapter 405 or 1663.
C.  "Minor" means a person under 18 years of age who is unemancipated, not under 
state supervision and not on active duty in the state military forces or the United States 
Armed Forces, including the National Guard or Reserves.
D.  "Resident" means a person who is residing in a facility.
2.  Parental or legal guardian authority.  A health care practitioner, health care 
provider or facility may not:
A.  Withhold, withdraw or place any restrictions on life-sustaining measures for a 
minor without the written consent of a parent or legal guardian of the minor;
B.  Institute a do-not-resuscitate order or similar physician's order for a minor without 
the written consent of a parent or legal guardian of the minor;
C.  Interfere with the efforts of a parent or legal guardian of a minor to obtain a medical 
opinion about the minor's medical condition or transfer the minor to another health care 
provider or facility;
D.  Refuse to provide immediate access to a minor, or the medical records of a minor, 
to a health care practitioner, health care provider or facility designated by a parent or 
legal guardian of the minor; or
E.  Hinder or delay the efforts of a parent or legal guardian of a minor to obtain 
necessary measures, mechanisms or procedures for the minor, including an immediate 
tracheostomy or gastrostomy tube required to facilitate a transfer to another health care 
provider or facility.
3.  Revocation of consent.  A parent or legal guardian of a minor may revoke in writing 
consent given under subsection 2, paragraph A or B. A revocation under this subsection 
takes precedence over any prior consent and must be immediately recorded in the minor's 
medical records specifying who revoked the consent, who, if anyone, witnessed the 
revocation and the date and time the revocation was given.
4.  Failure to contact.  The provisions of subsection 2, paragraph A or B do not apply 
if the health care practitioner, health care provider or facility makes a reasonably diligent 
and documented effort to contact a parent or legal guardian of the minor within a 72-hour 
period.
5.  Duties of health care practitioner, health care provider or facility.  A health 
care practitioner, health care provider or facility shall:
A.  If a parent or legal guardian of a minor requests a transfer under subsection 2, 
paragraph C, continue the provision of life-sustaining measures, including artificially 
administered nutrition and hydration, until the transfer and make every reasonable 
effort to assist in the transfer process; and
B.  Upon the request of a parent or legal guardian of a minor in the care of the health 
care practitioner, health care provider or facility, disclose verbally and in writing any 
policies of the health care practitioner, health care provider or facility regarding 
resuscitation, life-sustaining measures or measures considered nonbeneficial, 
ineffective, futile or inappropriate for patients or residents. This paragraph does not 
require a health care practitioner, health care provider or facility to have a policy 
regarding 
resuscitation, 
life-sustaining 
measures 
or 
measures 
considered 
nonbeneficial, ineffective, futile or inappropriate for patients or residents.
6.  Parental and legal guardian authority.  A parent or legal guardian of a minor 
maintains all rights under this section unless there is destruction of the circulatory and 
respiratory systems and the entire brain of the minor.
7.  Presumption of continuation of life.  There is a presumption that the continuation 
of life is in a minor's best interest, and a court may not order the withdrawal of life-
sustaining measures from a minor over the objections of a parent or legal guardian of the 
minor unless there is destruction of the circulatory and respiratory systems and the entire 
brain of the minor.
SUMMARY
This bill prohibits health care practitioners, health care providers and facilities such as 
nursing homes, hospitals and children's homes from withholding life-sustaining measures 
or instituting a do-not-resuscitate order for an unemancipated minor without the written 
consent of a parent or legal guardian of the minor. Health care practitioners, health care 
providers and facilities may not hinder a parent or legal guardian of a minor to seek another 
medical opinion or transfer the minor to another health care provider or facility and are 
required to continue providing life-sustaining measures until the transfer, continue to allow 
access to the minor and the minor's medical records and inform the parent or legal guardian 
of any policies regarding resuscitation, life-sustaining measures or measures considered 
nonbeneficial, ineffective, futile or inappropriate for patients or residents. The bill provides 
that there is a presumption that the continuation of life is in a minor's best interest and that 
the parental or legal guardian authority does not end and the authority of a court to order 
the withdrawal of life-sustaining measures from a minor does not take precedence over the 
objections of a parent or legal guardian of the minor unless there is destruction of the 
circulatory and respiratory systems and the entire brain of the minor.