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Advance Directives Act : ウィキペディア英語版
Texas Advance Directives Act
The Texas Advance Directives Act (1999), also known as the Texas Futile Care Law, 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 ten days after giving written notice if the continuation of life-sustaining treatment is considered futile care by the treating medical team.
Although it is often stated that the act is officially named as the 'Futile Care Law' or the 'Futile Care Act', that is in fact incorrect and the statute has never legally had that title.
== The statute ==

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. Family members may consult their own medical specialists and legal advisors if they wish.
* 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disagrees may appeal to the relevant state court and ask the judge to grant an extension of time before treatment is withdrawn.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* If either the family does not seek an extension or the judge fails to grant one, futile treatment may be unilaterally withdrawn by the treatment team with immunity from civil or criminal prosecution.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. Prior to the passage of this law, no protections or "grace period" existed.〔http://www.texasrighttolife.com/lifeIssues_euthanasia_bush.php〕 Critics have compared this law and its effects with Bush's response to Terri Schiavo's situation, in particular his stated intent to sign the proposed Incapacitated Person's Legal Protection Act.
Similar legislation, modeled on the Texas law, was proposed in Idaho in 2009, but was defeated.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
ウィキペディアで「Texas Advance Directives Act」の詳細全文を読む



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