Thứ Năm, 29 tháng 8, 2013

Texas Futility Law Protects Clinicians' Conscience Rights

While Texas House Bill 1464 (Feb. 2013) died in the 83rd Legislature, it was designed to amend Texas Health & Safety Code 166.046.  Since 1999, that section has required hospitals to continue life-sustaining treatment for only 10 days after determining that such treatment is "inappropriate."  H.B. 1464 would have deleted the 10-day time period and required treatment until transfer.  



What I found interesting (even surprising) is the Texas Catholic Conference's opposition to H.B. 1464.  They support the status quo in section 166.046, not only because because it helps prevent over-treatment but also because it protects the conscience-based objections of clinicians.



Here is the Texas Catholic Conference position statement:


This bill requires health care providers to provide medical treatment they view to be inappropriate indefinitely at the demand of a patient or surrogate. The TCC opposes this bill it imposes indefinite treatment on dying patients, and ignores the reasonable medical and ethical judgment of professionals.  Requiring physicians and hospitals to continue to provide non-beneficial treatment that they rightly believe is unethical and inappropriate violates their freedom of conscience.

I suspect that not all U.S. bishops would support a law like 166.046.  I hope someone writes to me and explains why the Texas bishops do.


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