New Texas law broadens notification for halting life support
A New Texas Law Extends Notification Period for Life Support Removal
A new state law in Texas is set to go into effect on Friday, bringing significant changes to the notification period for hospitals informing families about the removal of life support from their loved ones. This law, signed by Gov. Greg Abbott (R-TX) in June, extends the notice period from 10 days to 25 days, granting families more time to find alternative healthcare facilities for continued patient care. Notably, Texas is among the few states that require formal notification regarding the termination of life support.
Key Details about the New Texas Law
Let’s delve into the specifics of this new state law, known as House Bill 3162:
- Doctors are now required to inform family members of patients on life support about their intention to cease life-preserving measures at least 25 days in advance, a significant increase from the previous 10-day requirement.
- Families are granted the opportunity to participate in an ethics review meeting that evaluates a doctor’s decision to end life support.
- Hospitals must track and report to the Health and Human Services Commission when doctors withdraw life-sustaining care.
- If a family wishes to transfer the care of their loved one, doctors are obligated to perform all necessary surgeries and procedures to facilitate the transfer.
- Doctors are prohibited from dismissing a patient’s Do Not Resuscitate order.
Under the Texas Advance Directives Act of 1999, life support can be removed when the hospital deems care to be “futile.” However, patients still retain the ability to express their desired care preferences through a directive and appoint an agent to make medical decisions on their behalf when they are unable.
Public Reaction and Future Considerations
Lawmakers have long sought to amend this law, and while both medical professionals and patients view the new legislation as a positive step, some argue that it falls short of their expectations. Certain groups advocate for the elimination of the notification period, insisting that hospitals should be required to continue life support until families secure alternative arrangements or decide to withdraw life support.
John Seago, President of Texas Right To Life, expressed his perspective on the matter, stating, “While 25 days is not anywhere close to where we want to be, this package also had other meaningful reforms of the process that are going to be good for Texas. We were also talking about other good changes to make the process more pro-patient and pro-family.”
The new law will officially take effect on Friday, September 1, 2023, having garnered bipartisan support in both chambers during its passage in May.
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