The purpose of an Advance Directive is to make the decision, in advance, if you are unable to communicate because of a serious illness or injury. Some people would want to be kept alive on “life support” if they are unable to speak for themselves. Some people would want to be allowed to die. Most people who have an Advanced Directive want to spare family members the agony of those decisions.
In Texas, the law gives doctors and hospitals the authority to stop medical treatment, ending the life of the patient. Even if the Advance Directive – and the patient’s family - says the patient wants to continue treatment and hope for recovery.
The law is the Texas Advance Directives Act of 1999, which created Chapter 166.046 of the Texas Health & Safety Code. First, a hospital determines that medical treatment would be “futile,” that is, recovery is not possible. Then the family has 10 days to find another doctor and hospital to continue treatment. If they cannot, medical treatment stops and the patient dies.
In reality, a hospital is more likely to decide that medical care is “futile” when the patient has no insurance to pay the hospital bills. Doctors can also be wrong. Some people who were thought to be “futile” have recovered.
Texas Disability Policy Consortium Recommendation: Revision to Chapter 166.046 of the Texas Health & Safety Code to provide “treatment pending transfer” with no time limit which allows the individual or family the opportunity to find other treatment arrangements.
Send comments online at http://ga4.org/ucptxactioncenter/home.html or go to www.dpctexas.org and click on Texas Action Center.