In October, I observed that a bill was introduced in the Michigan House that would mandate the disclosure of futility policies when they might be applied to minor patients. A few days ago, HB 6070 was introduced by a different Representative to achieve the same thing. Here is the key provision:
A HEALTH FACILITY OR AGENCY THAT ADOPTS OR IMPLEMENTS A FUTILITY POLICY THAT APPLIES TO THE TREATMENT OF A CHILD FROM BIRTH TO 18 YEARS OF AGE MUST DISCLOSE THAT FUTILITY POLICY TO THE CHILD'S PARENT OR GUARDIAN WHEN THE HEALTH FACILITY OR AGENCY IDENTIFIES THE NEED FOR A FORMAL PROCESS TO ADDRESS CONCERNS OVER THE PROPOSED TREATMENT OF A CHILD. THE HEALTH FACILITY OR AGENCY MUST, UPON REQUEST OF THE PARENT OR GUARDIAN OF A PATIENT OR PROSPECTIVE PATIENT, PROVIDE A COPY OF THE FUTILITY POLICY IN PLACE AT THE HEALTH FACILITY OR AGENCY AT THE TIME THE REQUEST IS MADE.
The bill also defines the key terms:
"FUTILITY POLICY" MEANS ANY WRITTEN POLICY THAT ENCOURAGES OR ALLOWS A HEALTH FACILITY OR AGENCY EMPLOYEE, OR OTHER MEDICAL PROFESSIONAL WHO PROVIDES CARE TO PATIENTS AT A HEALTH FACILITY OR AGENCY, TO WITHHOLD OR DISCONTINUE TREATMENT FOR A PATIENT ON THE GROUNDS OF MEDICAL FUTILITY.
"MEDICAL FUTILITY" MEANS A JUDGMENT THAT FURTHER MEDICAL TREATMENT OF A PATIENT WOULD HAVE NO USEFUL RESULT
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