Dear Raylearn,
Under chapter 166 of the Texas Health and Safety Code, (1999) Section
166.046, a physician may decide, against the wishes of the family, to
terminate life support. However, this must go through a committee, and
the family must be given a chance to move the patient to another
institution within ten days (the consequence, of course, if that
patients who don't have enough money to be transferred to a private
institution have worse chances); "f an attending physician disagrees
with a surrogate over a life-and-death treatment decision, there must
be an ethics committee consultation (with notice to the surrogate and
an opportunity to participate). In a futility case such as Sun
Hudson's, in which the treatment team is seeking to stop treatment
deemed to be nonbeneficial, if the ethics committee agrees with the
team, the hospital will be authorized to discontinue the disputed
treatment (after a 10-day delay, during which the hospital must help
try to find a facility that will accept a transfer of the patient).
These provisions, which were added to Texas law in 1999, originally
applied only to adult patients; in 2003; they were made applicable to
disputes over treatment decisions for or on behalf of minors. "
(SOURCE: HealLawProf Blog, "Life-Support Stopped for 6-Month-Old in
Houston" <http://lawprofessors.typepad.com/healthlawprof_blog/2005/03/lifesupport_sto.html>).
This law has been, indeed, signed by George Bush as governor in 1999
(but not the 2003 amendment).
"section § 166.046.
e) If the patient or the person responsible for the health care
decisions of the patient is requesting life-sustaining treatment that
the attending physician has decided and the review process has
affirmed is inappropriate treatment, the patient shall be given
available life-sustaining treatment pending transfer under Subsection
(d). The patient is responsible for any costs incurred in transferring
the patient to another facility. The physician and the health care
facility are not obligated to provide life-sustaining treatment after
the 10th day after the written decision required under Subsection (b)
is provided to the patient or the person responsible for the health
care decisions of the patient unless ordered to do so under Subsection
(g)."
(SOURCE: State of Texas, HEALTH & SAFETY CODE,
<http://www.capitol.state.tx.us/statutes/docs/HS/content/htm/hs.002.00.000166.00.htm>).
Reactions and related stories:
Jonathan Alter, "Take a Look in the Mirror", Newsweek, April 4 issue,
<http://www.msnbc.msn.com/id/7305206/site/newsweek/>)- discusses,
among other stories on the "value of life" in Texas under Bush, the
story of baby Sun Hudson, whose life-support systems has been
discontinued, because her mother could not afford moving her to a
private hospital.
Blog: The Village Gate, "The Texas Futile Care Law" (Submitted by
Renee in Ohio on Mon, 03/21/2005)
<http://www.therightchristians.org/?q=node/view/688> - Discusses
Hudson's and other cases.
Brian Montopoli, "No Life Support for You", CJR Daily. Posted March
23, 2005, <http://www.alternet.org/mediaculture/21571/>
Joel Havemann and Peter Wallsten, "Texas Law Signed by Bush Enters
Debate", Los Angeles Times,
<http://www.latimes.com/news/printedition/la-na-bush22mar22,1,6439980.story?ctrack=1&cset=true>
I hope this answered your question. Please contact me if you need any
clarification on this answer before you rate it. My search strategy
has been to search for terms, such as:
Texas, law, "life support"
Texas futile care law |
