Death Panels are Alive and Well in Texas
With Support from Texas Alliance for Life
By
James Scott Trimm
In my recent blog The Establishment’s Plan to Oust Jonathan Stickland I wrote:
Joe Pojman is the Executive Director of Texas Alliance for
Life. The claimed mission of this
organization is to “protect innocent human life from conception through natural
death through peaceful, legal means.” And there was a time when this
organization was true to its mission, but today the organization exists largely
to give cover to politicians that are weak on pro-life issues. While they are a pro-life, or at least anti-abortion
group to an extent, they also often fight conservatives on end of life
issues. For example Pojman has
empowered the healthcare lobby and hospitals to end the life of a patient
without family permission.
Circumstances have now arisen that prompt me to elaborate on
this point.
Back 1999, The Texas Legislature unanimously passed the
draconian Texas Advance Directives Act (TADA). Under TADA, when a doctor and a
patient (or his/her surrogate) disagree about appropriate end-of-life
treatment, the disagreement is taken before an ethics review committee.
TADA only provides a ten day period for the patient's family
either to find another facility to accept the patient or to obtain a court
injunction to extend their life. If no other facility will accept the patient
within the period of time and the family is unable to obtain a court
injunction, then the hospital is legally permitted to withdraw life
sustaining-treatment from the patient, and simply let them die, regardless of
their wishes, their living will, or the wishes of their family. Folks, this is one of those “death panels”
about you have been warned.
Texas Right to Life has been lobbying since 2005 has to end
these death panels. You would think
that any real pro-life organization, would be working with them to end this
“death panel” system in Texas. But that
is far from the truth. When
opportunities to reform this act have presented themselves, Pojman’s Texas
Alliance for Life has run interference.
For example in the 84th Texas Legislative session (2015)
Texas Alliance for Life actually supported House Bill 2351, which was supposed
to be a bill to reform these death panels, but in reality this Bill only
perpetuated the death panels.
Texas Right to Life wrote about this bill (Which Pojman and
TAL supported):
HB 2351 by Representative Patricia Harless (R-Spring) will
also be heard today in the House Committee on State Affairs. The stated purpose of HB 2351 is to reform
hospital ethics committees (death panels), which currently hold unlimited power
to remove medical treatment from patients after providing ten days notice to
the patient or family. Under the
current Texas Advance Directives Act, hospitals may remove life-sustaining
treatments including a ventilator, dialysis, food, and hydration from patients,
even if the patient or their family has expressed a desire to continue such
care and treatment. Treatment can be
withdrawn from any patient for any reason, including discrimination against a patient
who is elderly, terminally ill, or disabled.
Rather than actually reforming the draconian ten-day law, HB
2351 instructs the hospital committees to write and circulate their own
regulations about conflicts of interest for their own ethics committees about
their own decisions on withdrawing treatment from patients. HB 2351 also instructs facilities to write
and implement policies for withdrawing treatment from patients with
disabilities. However, this section
establishes yet another dangerous loophole through this provision by adding: “unless
the disability is relevant in determining whether a medical or surgical
intervention is medically appropriate.”
HB 2351 does not actually provide specific details about what the
policies should be, just that hospitals should adopt policies on these topics.
(Committee to hear dangerous bills masquerading as Pro-Life, April 8, 2015)
A patient at Houston Methodist Hospital is facing denial of treatment against the expressed wishes of his Medical Power of Attorney and family members. Because the patient is sedated and thus currently lacks decision-making capacity, his mother is acting as his Medical Power of Attorney. However, Methodist has invoked the statutory process found in the Texas Advanced Directives Act (TADA-Chapter 166.046 of the Health & Safety Code), which allows the hospital to override medical directives of a patient and provide only ten days’ notice before withdrawing life-sustaining treatment. For this helpless patient, the ten-day period was supposed to end on Monday, November 23. Texas Right to Life is serving as the patient advocate and working to secure care at another facility while ministering to the distraught family.
(Family protecting hospitalized relative from imposed death, Monday Nov. 23, 2015)
Thanks to Joe Pojman and the Texas Alliance for Life, death
panels are alive and well in Texas.
There is blood on their hands.
If you want to support the pro-life movement in Texas,
please do it through Texas Right to Life, do not be fooled by groups who have
sold their souls to the Austin Establishment and the healthcare lobby.