The Texas Advance Directives Act (1999) describes certain provisions that are now Chapter 166 of the Texas Health & Safety Code. Controversy over these provisions mainly centers on Section 166.046, Subsection (e), which allows a health care facility to discontinue life-sustaining treatment against the wishes of the patient or guardian ten days after giving written notice. For the hospital personnel to take advantage of legal immunity from prosecution for this the following process must be followed:

• The family must be given written information concerning hospital policy on the ethics consultation process.
• The family must be given 48 hours' notice and be invited to participate in the ethics consultation process.
• The ethics consultation process must provide a written report to the family of the findings of the ethics review process.
• If the ethics consultation process fails to resolve the dispute, the hospital, working with the family, must try to arrange transfer to another provider physician and institution who are willing to give the treatment requested by the family and refused by the current treatment team.
• If after 10 days, no such provider can be found, the hospital and physician may unilaterally withhold or withdraw the therapy that has been determined to be futile.
• The party who disagrees may appeal to the relevant state court and ask the judge to grant an extension of time before treatment is withdrawn. This extension is to be granted only if the judge determines that there is a reasonable likelihood of finding a willing provider of the disputed treatment if more time is granted.
• If either the family does not seek an extension or the judge fails to grant one, futile treatment may be unilaterally withdrawn by the treatment team with immunity from civil or criminal prosecution.

The bill was signed into law while George W. Bush was Governor of Texas; critics have compared this law and its effects with Bush's response to Terri Schiavo's situation, in particular his signing of the Incapacitated Person's Legal Protection Act . The Houston Chronicle noted that Schiavo's case wouldn't be applicable in Texas if she lived in the state.[1]

See Also

• Sun Hudson
• Spiro Nikolouzos
• Right to Life
• Right to die
• Culture of Life
• Culture of Death

Sources

• Chapter 166 of the Texas Health & Safety Code
• White House Press Briefing 2005-03-21
• Robert L. Fine, M.D.'s detailings of futile care statutes and processes from Baylor Health System