March 10, 2009

Fast-Moving Idaho Bill Would Allow Hospitals to
Deny Life-Saving Treatment AGAINST THE WILL of Patients and Families
http://www.nrlc.org/News_and_Views/Mar09/nv031009.html
Part One of <nv031009part2.htm>Two<nv031009part2.htm>

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<http://www.nrlc.org/News_and_views/Mar09/nv031009.html>www.nrlc.org/News_and_views/Mar09/nv031009.html
 
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A bill that would effectively create a "duty to die" has unanimously 
passed the Idaho Senate and is scheduled for a House committee 
hearing this Thursday.

While "right-to-die" advocates used to say they were defending the 
rights of patients and families to make medical treatment choices, in 
recent years the claim has been that doctors and hospitals need not 
provide life-saving medical treatment, food, or fluids chosen by 
patients and their families if the health care providers, imposing 
their own values, think the patients' disabilities make their 
"quality of life" inadequate.

As the Powell Center report on NRLC's website, "Will Your Advance 
Directive Be Followed" 
[<http://www.nrlc.org/euthanasia/AdvancedDirectives/ReportRevised2007.pdf>www.nrlc.org/euthanasia/AdvancedDirectives/ReportRevised2007.pdf]
 
documents, this approach is hidden under the euphemisms that 
providers should be able to deny "medically inappropriate" or 
"futile" treatment--terms carefully left undefined, but deadly in practice.

Now Idaho's Senate Bill 1114 would establish a procedure, adapted 
from a controversial Texas law, under which patients or their family 
members would be given only 24 hours notice before having to appear 
before a facility-appointed "ethics committee."

After hearing from them and the doctors who advocate the patient's 
death, the ethics committee would have authority to decide against 
life-preserving treatment.

In that case, treatment would be provided for up to 15 days while 
transfer to a willing provider was sought. While the patient or 
family could seek a court-ordered extension, it would be granted only 
if they could prove a "reasonable probability" of finding a willing 
provider within the extension period. There could be no appeal of the 
decision to deny treatment itself.

Although the option to transfer may seem to help the patient, 
experience in Texas has shown that once one institution has refused 
to treat, it is normally extremely difficult to find other facilities 
willing to buck "medical solidarity," or conduct a serious 
independent review of the facts and accept transfer.

Moreover, Idaho facilities would NOT EVEN BE REQUIRED TO USE THE 
ETHICS COMMITTEE/TRANSFER procedure. The bill specifically makes it 
"voluntary" for each facility and states,

"Nothing in this chapter shall require a health care facility to 
establish or utilize an ethics committee, nor shall this chapter 
require a health care provider or surrogate decision maker to submit 
a matter to the ethics committee before withdrawing or withholding 
health care to a patient."

In short, the bill completely overrides patient and family rights, 
instead giving essentially absolute immunity to health care providers 
who involuntarily deny life-saving treatment, food and fluids so as 
to bring about the deaths of those patients they in their sole 
judgment consider too disabled to be worth saving.

Wesley Smith has an excellent expose of this scary legislation on his 
blog at 
<http://www.wesleyjsmith.com/blog/2009/03/duty-to-die-in-idaho-legislature-close.html>www.wesleyjsmith.com/blog/2009/03/duty-to-die-in-idaho-legislature-close.html
 


Whether involuntary euthanasia comes to Idaho may well depend on how 
many of the state's citizens contact their representatives to impress 
on them how essential it is to oppose SB 1114 in its current form.

Please send your comments to 
<mailto:[email protected]>[email protected]. They are much 
appreciated!

<nv031009part2.htm>Part Two -- Classic Obama 
(<http://www.nrlc.org/News_and_Views/Mar09/nv031009part2.html>www.nrlc.org/News_and_Views/Mar09/nv031009part2.html)
 



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