Health knowledge made personal
Join this community!
› Share page:
Go
Search posts:

Idaho Senate Passes Texas-Style Futile Treatment Bill

Posted Mar 04 2009 2:52pm
Yesterday, the Idaho Senate passed S.B. 1114, which would amend Chapter 45, Title 39 of the Idaho Code, by adding a new section Section 394504A ("WITHHOLDING OR WITHDRAWING HEALTH TREATMENT – VOLUNTARY ETHICS COMMITTEE REVIEW":
(1) If the attending physician believes that the treatment requested by a patient, the patient’ advance directive or the patient’s surrogate decision maker is medically inappropriate or futile, the attending physician or health care facility in which the patient is admitted may request that an ethics committee of the health care facility review the facts and circumstances to determine if the requested treatment is medically inappropriate or futile.
(2) The ethics committee shall be comprised of at least two (2) physicians, and such other persons as the health care facility shall appoint. The attending physician may appear at the ethics committee meeting to explain the facts and circumstances of the case but may not participate as a member of the ethics committee.
(3) The patient or his legally authorized surrogate decision maker shall be given the opportunity to attend the ethics committee meeting and explain the basis for his or her request for treatment. The patient or surrogate decision maker shall be given prior notice of the ethics committee meeting at least twentyfour(24) hours before the ethics committee meeting unless the patient or surrogate decision maker waives such prior notice. The patient or surrogate decision maker shall not be entitled to be present during the ethics committee’s deliberations. The ethics committee shall provide to the patient or surrogate decision maker a written explanation of the ethics committee’s determination.
4) If the ethics committee agrees with the attending physician that the treatment requested by the patient, the patient’s advance directive or surrogate decision maker is medically inappropriate or futile, the attending physician and health care facility shall take reasonable action to assist the patient or surrogate decision maker to arrange the patient’s transfer within fifteen (15) days to another health care provider selected by the patient or surrogate decision maker who is willing to assume the treatment of the patient. The health care facility shall provide reasonably necessary lifesustaining treatment within the capacity and capability of the health care facility until the patient is transferred or until the expiration of the fifteen (15) day period described above, whichever occurs first. Following the patient’s transfer or upon expiration of the fifteen (15) day period described above, whichever occurs first, the attending physician and health care facility shall not be obligated to provide additional treatment that has been determined to be medically inappropriate or futile by the ethics committee. The patient or his surrogate decision maker shall remain responsible for the costs incurred in transferring the patient to another health care provider in addition to the cost of any health care provided prior to the transfer.
(5) If the patient or surrogate decision maker disagrees with the ethics committee determination, the patient or surrogate decision maker shall cooperate with the health care facility to arrange the transfer of the patient to another health care provider within fifteen (15) days following the ethics committee determination. The patient or surrogate decision maker may petition the district court in which the health care facility is located to lengthen the time to effect an appropriate transfer; provided however, that the district court shall extend the time only if the court finds, by a preponderance of the evidence, that there is a reasonable probability that the patient or surrogate decision maker will be able to transfer the patient to another qualified health care provider who is willing to provide the treatment requested by the patient or surrogate decision maker within the extension requested by the patient or surrogate decision maker.
(6) If an ethics committee has determined that the requested treatment is medically inappropriate or futile, but the patient is later readmitted to the health care facility within six (6) months following such ethics committee determination, the attending physician may rely on the prior ethics committee determination and withhold or withdraw treatment consistent with the prior ethics committee determination if the attending physician and one (1) physician member of the ethics committee determine that the patient’s condition either has not improved or has deteriorated since the prior ethics committee determination and that the prior ethics committee determination still applies to the patient’s condition, and they document their conclusion in the medical chart.
(7) A health care provider or surrogate decision maker who complies 1 with the provisions of this section shall be immune from criminal or civil liability for withholding or withdrawing health care that has been determined by the ethics committee to be medically inappropriate or futile. The health care facility and any person who participates in the ethics committee review or determination shall also be immune from criminal or civil liability for actions taken in good faith in connection with the ethics committee review or determination.
(8) The ethics committee review as provided in this section shall be purely voluntary.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
Post a comment
Write a comment:

Related Searches