At first glance, House Bill 701 looks like it will help incapacitated people who are in danger of being starved and dehydrated to death. The title of section 765.601 is "Starvation and Dehydration of Persons with Disabilities Prevention Act." But the bill states that a medical ethics committee helps to determine whether or not an incapacitated person is to be starved to death.
Section 765.404(2) of the bill states, "The guardian and the person's attending physician, in consultation with the medical ethics committee of the facility where the patient is located, conclude that the condition (persistant vegetative state) is permanent....and that withholding or withdrawing life-prolonging procedures is in the best interest of the patient. [T]he facility must have an arrangement with the medical ethics committee of another facility or with a community based ethics committee approved by the Florida Bioethics Network. The ethics committee shall review the case with the guardian...."
http://www.flsenate.gov/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=hb0701.html&Directory=session/2005/House/bills/billtext/html/
bump
I call this new legislation the KILL BILL. that's all it is.
At first glance, House Bill 701 looks like it will help incapacitated people who are in danger of being starved and dehydrated to death. The title of section 765.601 is "Starvation and Dehydration of Persons with Disabilities Prevention Act." But the bill states that a medical ethics committee helps to determine whether or not an incapacitated person is to be starved to death.
Section 765.404(2) of the bill states, "The guardian and the person's attending physician, in consultation with the medical ethics committee of the facility where the patient is located, conclude that the condition (persistant vegetative state) is permanent....and that withholding or withdrawing life-prolonging procedures is in the best interest of the patient. [T]he facility must have an arrangement with the medical ethics committee of another facility or with a community based ethics committee approved by the Florida Bioethics Network. The ethics committee shall review the case with the guardian...."
http://www.flsenate.gov/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=hb0701.html&Directory=session/2005/House/bills/billtext/html/
This is what I know about HB 701. This bill had input from some disability groups, along with RTL. This is a bill on withdrawal of nutrition and hydration.
It seems that some people are getting hung up on the section that relates to PVS and feel that this could make it easier to kill Terri. That section (7) concerning PVS is only if no family or friends are available or willing to serve as proxy for health care decision; then, the steps outlined may be applied to the decision making process.
But, family, friends, etc, must abide by the presumption that the incapacitated person wants nutrition and hydration unless there is:
(1) express and informed consent,
(2) there is written advanced directives or designation of a health care surrogate
(3) there is clear and convincing evidence that the incompetent person, when competent, gave express and informed consent to the withdrawal of nutrition/hydration in the applicable circumstances.
This bill also addresses the concerns that people had with the Bill last year, specifically self determination and minors.
Read the bill, please.
The PVS is better addressed by the medical community who have clout and lobbyists in place. That is their area of expertise. And they have been contacted.
Calling your reps and speaking with them about your concerns is the best course. At least they know people are aware, concerned, and are taking an interest.
Amendments can be made, and surely will.
Don't defeat the purpose of the bill.
You will not get a bill out of this state tailor made for Terri. This bill is for all incapacitated persons. Look at it in context.
If this bill fails, there are no others on the table, and there are no more legislative sessions to file anymore. This is the last chance she has.
Regardless what action, or inaction you choose, read the bill and apply it to all incapacitated people.
If you have questions or concerns, I direct you to the RTL who drew this up. Their lawyers have been involved as well. They can answer your questions far beter than I. I was just a minor player in the picture.