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  • 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disagrees may appeal to the relevant state court and ask the judge to grant an extension of time before treatment is withdrawn.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• If either the family does not seek an extension or the judge fails to grant one, futile treatment may be unilaterally withdrawn by the treatment team with immunity from civil or criminal prosecution.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. {Link without Title} ''(broken link)''
However, prior to the passage of this law, NO protections or "grace period" existed. {Link without Title}


CASES


On March 15 2005 , six-month-old Infant Sun Hudson was the first person to die under the Texas Futile Care Law signed by then Texas Governor George W. Bush . {Link without Title}

In December 2005, Tirhas Habtegiris , a young woman and legal immigrant from Africa, was removed from a respirator, against her and her family's wishes. The family claims she was conscious and responsive at the time. {Link without Title} However, this claim is disputed by the hospital.

In April 2006, relatives of 53-year old Andrea Clark were given the 10-day notice under this act. {Link without Title}
She had reportedly signed a statement she did not wish to die and was cognisant although having difficulties communicating while under heavy medication. After publicity from both right and left political groups, St. Luke's hospital in Houston agreed to review the case again, eventually retracting the original decision this further review. Andrea Clark, once deemed a "futile" case, then began to recover. [http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=364x1078338


CRITICISM

Some claim that under the Advance Directives Act, Texas hospitals and physicians have the right to withdraw life support on a patient who they declare terminally ill, if that patient cannot afford to pay within 10 days. However, the wording of the law does not appear to support this claim. {Link without Title}

Furthermore, life support may be withdrawn even if the patient has indicated a desire to continue treatment. In cases where there is a dispute, the decision is made by the hospital's ethics committee.


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