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Texas already has death panels
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(AP Photo/Eric Gay)
Of course, there are no death panels as the Republicans recently suggested in the news but George W. Bush as governor of Texas signed legislation, SB 1260, in 1999 that creates something much more akin to a death panel than anything suggested in the current proposals being considered for health care reform. Under current Texas law as endorsed by Mr. Bush, the ethics committees/boards of hospitals can end life support treatment if the doctor determines that the patient is terminally or irreversibly ill. The hospital has 2 days to notify the family before the ethics committee meets and the family has 10 days before termination of treatment or to arrange a transfer to another facility. (Wichita Falls Times Record News article from 1999.)
The law is called the Advance Directives Act or the Texas Futile Care Law, Ch. 166, Health and Safety Code. The law is so draconian that the Texas Legislature has been attempting to scale it back in recent legislative sessions to give the family 7 days notice before the hospital "death panel" meets and 21 days before termination of treatment or transfer to another facility. In 2009, HB 3325 failed to undo the futile care law. Unfortunately, the doctors oppose Rep. Bryan Hughes who authored the bill. "The balance of power is completely shifted against the patients and the families," said Rep. Hughes.
SB 439 died in 2007. Sen. Bob Deuell, the author of the bill and a doctor himself, stressed the sensitive nature of the issue. "High-profile, emotional cases over whether to discontinue treatment on a seriously ill patient are not in the interest of anyone." Under mild pressure, hospitals have agreed to take the concerns of the family into consideration and be flexible on the times but they seem to be convinced that they have satisfactory policies and protections in place.
Former Gov. Sarah Palin also supported the idea of having medical professionals consult with patients about end of life decisions just like what she is criticizing her opposition of doing when she issued a proclamation for Healthcare Decisions Day on April 16, 2008. The proclamation's stated intent was "to encourage hospitals, nursing homes, assisted living facilities, continuing care retirement communities, and hospices to participate in a statewide effort to provide clear and consistent information to the public about advance directives" so that "more citizens will execute advance directives to make their wishes known." Although that doesn't exactly create a death panel, it does suggest that medical professionals might be perceived to be stalking around and talking to patients about how they want to die and that seems to be Ms. Palin's complaint. The proclamation has a goal to "increase the number of Alaska's citizens with advance directives" which is what the current objective is.
There is no boogeyman. Creating a living will is the right thing to do.
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