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What was the law Bush passed taking people off life support?

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shance Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 04:39 PM
Original message
What was the law Bush passed taking people off life support?
Am looking for the specific law and when it was passed.

If anyone knows please post***

Thanks.
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sonicx Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 04:41 PM
Response to Original message
1. linky
Edited on Mon Mar-21-05 04:43 PM by sonicx
http://www.washingtonpost.com/wp-dyn/articles/A54002-2005Mar21.html?sub=AR

paste into google, search, and click link.

edit: i'll post some...

Bush's Texas Life-Support Law

And in what many liberal bloggers are calling an example of outright hypocrisy, Bush signed a Texas law in 1999 that created a legal mechanism to allow attending physicians and hospital ethics boards to pull the plug on patients -- even if that specifically contradicts patient or family wishes.

As it happens, a major test case for that law was resolved just last week -- with a baby's death.

Leigh Hopper writes in the Houston Chronicle: "The baby wore a cute blue outfit with a teddy bear covering his bottom. The 17-pound, 6-month-old boy wiggled with eyes open and smacked his lips, according to his mother.

"Then at 2 p.m. today, a medical staffer at Texas Children's Hospital gently removed the breathing tube that had kept Sun Hudson alive since his Sept. 25 birth. Cradled by his mother, he took a few breaths, and died.

"Sun's death marks the first time a hospital has been allowed by a U.S. judge to discontinue an infant's life-sustaining care against a parent's wishes, according to bioethical experts. A similar case involving a 68-year-old man in a chronic vegetative state at another Houston hospital is before a court now. . . .
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shance Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 04:49 PM
Response to Reply #1
5. Thanky**
n/t
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Walt Starr Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 04:41 PM
Response to Original message
2. This one in Texas
As governor of Texas, Dubya signed the following legislation:

§ 166.039. PROCEDURE WHEN PERSON HAS NOT EXECUTED OR ISSUED A DIRECTIVE AND IS INCOMPETENT OR INCAPABLE OF COMMUNICATION. (a) If an adult qualified patient has not executed or issued a directive and is incompetent or otherwise mentally or physically incapable of communication, the attending physician and the patient's legal guardian or an agent under a medical power of attorney may make a treatment decision that may include a decision to withhold or withdraw life-sustaining treatment from the patient. (b) If the patient does not have a legal guardian or an agent under a medical power of attorney, the attending physician and one person, if available, from one of the following categories, in the following priority, may make a treatment decision that may include a decision to withhold or withdraw life-sustaining treatment: (1) the patient's spouse; (2) the patient's reasonably available adult children; (3) the patient's parents; or (4) the patient's nearest living relative.
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jefferson_dem Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 04:41 PM
Response to Original message
3. Discussion here -
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UTUSN Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 04:43 PM
Response to Original message
4. Right Here
http://lawprofessors.typepad.com/healthlawprof_blog/2005/03/lifesupport_sto.html

Shrub Signed 1999 Law Allowing Life Support Removal over Surrogate's Objections

.... Both papers report that this is the first time in the United States a court has allowed life-sustaining treatment to be withdrawn from a pediatric patient over the objections of the child's parent. (The Dallas paper quotes John Paris, a bioethicist at Boston College, as its source.) If true, the unique Texas statute under which this saga was played out contributed in no small way to the outcome. As one of the laws co-authors (along with a roomful of other drafters, in 1999) let me explain.

Under chapter 166 of the Texas Health and Safety Code, if 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. (I hasten to add that one of the co-drafters in both 1999 and 2003 was the National Right to Life Committee. Witnesses who testified in support of the bill in 1999 included representatives of National Right to Life, Texas Right to Life, and the Hemlock Society. Our bill passed both houses, unanimously, both years, and the 1999 law was signed by then Governor George W. Bush.)


http://www.chron.com/cs/CDA/ssistory.mpl/metropolitan/3073295

March 8, 2005, 12:33AM
Hospitals can end life support
Decision hinges on patient's ability to pay, prognosis
A patient's inability to pay for medical care combined with a prognosis that renders further care futile are two reasons a hospital might suggest cutting off life support, the chief medical officer at St. Luke's Episcopal Hospital said Monday.


Dr. David Pate's comments came as the family of Spiro Nikolouzos fights to keep St. Luke's from turning off the ventilator and artificial feedings keeping the 68-year-old grandfather alive. ....

Law allows removal
State law allows doctors to remove patients from life support if the hospital's ethics committee agrees, but it requires that the hospital give families 10 days to find another facility.


A similar case is still in the courts. Texas Children's Hospital wants to discontinue life support on 5-month-old Sun Hudson, who was diagnosed shortly after birth with a fatal form of dwarfism. His mother, Wanda Hudson, wants her son's care to continue at the hospital. ....

***************UNQUOTE***********
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shance Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 04:50 PM
Response to Reply #4
7. Thank you UTUSN! This is what we need.
n/t
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illflem Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 04:50 PM
Response to Original message
6. From the above link
"Well, I don't think I've ever seen Bush look as sour as he does here. Those are Associated Press photos taken as Bush stepped off Air Force One at Andrews Air Force Base yesterday afternoon."



Poor little junior, the bad Michael Schiavo made him cut his vacation short
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LSparkle Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 05:03 PM
Response to Reply #6
8. Whoa -- is that a fresh bruise on one side of his face?
More off-road biking or ... another pretzel or ...
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underpants Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 05:08 PM
Response to Original message
9. The "Futile Care Law"
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