SB 1088: Health care decisions: life-sustaining treatment.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

Existing law defines a request regarding resuscitative measures to mean a written document, signed by an individual with capacity or legally recognized health care decisionmaker and the individual’s physician that directs a health care provider regarding resuscitative measures, as prescribed. Existing law includes a prehospital “do not resuscitate” form, as developed by the Emergency Medical Services Authority or other substantially similar form, and Physician Orders for Life Sustaining Treatment form (POLST form), as approved by the Emergency Medical Services Authority as requests regarding resuscitative measures.

This bill would replace the term “Physician Orders for Life Sustaining Treatment” with “POLST,” or “Portable Orders Listing Scope of Treatment.” The bill would authorize a request regarding resuscitative measures to be entered into by an individual with capacity or a health care agent, conservator with health care decisionmaking authority, or surrogate, as defined, and a physician, nurse practitioner, or physician assistant, as specified. The bill would specify that a request regarding resuscitative measures is entirely voluntary and the provision of care or admission to a facility cannot be conditioned on completion of or refusal to complete a POLST or prehospital “do not resuscitate” order.

Existing law prescribes requirements for forms for requests regarding resuscitative measures, including, among other things, that the form be signed by the executing parties.

The bill would specify that an electronic signature, as defined, is sufficient for any signature required for a request regarding resuscitative measures.

Under this bill, a request regarding resuscitative measures executed in another state or jurisdiction that complies with the laws of that state or jurisdiction or the laws of California is considered valid and enforceable in California to the same extent as a request regarding resuscitative measures validly executed in California. The bill would specify that, in the absence of knowledge to the contrary, a physician or other health care provider may presume that a request regarding resuscitative measures, whether executed in another state or jurisdiction or in California, is valid and unrevoked.

The bill would make conforming changes.

Sponsors

Sponsors by party (alphabetical): Democratic 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. September 27, 2026Chaptered by Secretary of State. Chapter 677, Statutes of 2026.
2. September 27, 2026Approved by the Governor.
3. September 3, 2026Enrolled and presented to the Governor at 3 p.m.
4. August 27, 2026Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling.
5. August 25, 2026Ordered to special consent calendar.
6. June 30, 2026In Senate. Concurrence in Assembly amendments pending.
7. June 29, 2026Read third time. Passed. (Ayes 73. Noes 0. Page 5926.) Ordered to the Senate.
8. June 24, 2026Read second time. Ordered to consent calendar.
9. June 23, 2026From committee: Do pass. Ordered to consent calendar. (Ayes 12. Noes 0.) (June 23).
10. June 18, 2026Read second time and amended. Re-referred to Com. on JUD.
11. June 17, 2026From committee: Do pass as amended and re-refer to Com. on JUD. with recommendation: To consent calendar. (Ayes 15. Noes 0.) (June 16).
12. May 26, 2026Referred to Coms. on HEALTH and JUD.