Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Forced Do Not Resuscitate Orders Coming to Texas?
Life News ^ | 2/13/13 12:23 PM | Life News

Posted on 02/13/2013 8:25:19 PM PST by penelopesire

Forced Do Not Resuscitate Orders Coming to Texas? by Wesley J. Smith | Austin, TX | LifeNews.com | 2/13/13 12:23 PM

Good grief! The state with the worst futile care law in the nation now has legislation pending that would enable doctors to place DNR (do not resuscitate) orders on a patients chart without notice or permission–even if the patient is competent! From the text of S.B. 303:

Sec.A166.012. STATEMENT RELATING TO DO-NOT-RESUSCITATE ORDERS.

(c) Before placing a do-not-resuscitate (DNR) order in a patient ’s medical record, the physician or the facility ’s personnel shall make a reasonably diligent effort to contact or cause to be contacted the surrogate. The facility shall establish a policy regarding the notification required under this section. The policy may authorize the notification to be given verbally by a physician or facility personnel. (d)The DNR order takes effect at the time it is written in the patient ’s chart or otherwise placed in the patient ’s medical record. (e) If the patient or surrogate disagrees with the DNR order being placed in or removed from the medical record, the patient or surrogate may request a second opinion at the patient ’s or surrogate ’s expense.

The notification requirement only applies to patients not expected to die within weeks or days. If the patient is expected to die imminently, the obligation to attempt notification and the right to a self-paid second opinion does not exist:

(f) Subsection (c) [the notification section quoted above] does not apply to a DNR order placed in the medical record of a patient:(1) whose death, based on reasonable medical judgment,is imminent despite attempted resuscitation; (2) for whom, based on reasonable medical judgment, resuscitation would be medically ineffective and there is insufficient time to contact the surrogate;…

Subsection (e) [right to obtain second opinion] does not apply to a DNR order placed in the medical record of a patient with respect to whom, based on reasonable medical judgment, death is expected in days to weeks and resuscitation would be medically ineffective.

What does “medically ineffective” mean? It isn’t defined. Moreover, it couldn’t be the same as “imminent despite attempted resuscitation,” or that language would have been repeated. Given the justifications for futile care arguments, this could reflect a judgment based on “quality of life” rather than the resuscitation being physiologically useless.

Doctors who impose DNRs on charts without permission would be accorded extraordinary legal protection for their mistakes or unilateral inactions:

(i) A physician, health professional acting under the direction of a physician, or health care facility is not civilly or criminally liable or subject to review or disciplinary action by the appropriate licensing authority if the actor has complied with the procedures under this section…

So, even if the physicians are negligent in their diagnoses, so long as they follow the procedure, they are home free? This would mean that there would be no checks and balances in an issue of life and death!


TOPICS: Extended News; News/Current Events; US: Texas
KEYWORDS: deathpanels; dnr; forceddnr; prolifeissues
Navigation: use the links below to view more comments.
first 1-5051-59 next last
This is scary! Would love to know which Texas State Congress critters are behind this!!

Rest at link.

1 posted on 02/13/2013 8:25:28 PM PST by penelopesire
[ Post Reply | Private Reply | View Replies]

To: penelopesire
I Bet Dems.

Lawyers are going to love it, and get rich off it suing the Hospitals and the Docs.

2 posted on 02/13/2013 8:32:30 PM PST by SandRat (Duty - Honor - Country! What else needs said?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: penelopesire

The doctor’s receptionist asked me today if I wanted one and I told them know.

Now I’m thinking that I *have* to get one with my wishes expressed just to stop this crap from happening.

What sucks is that I trust my husband and he trusts me. We both realize that situations can be unpredictable and fluid and we both wanted to give the other the freedom to act in our best interests. A “do everything to keep me alive” order can be harmful.


3 posted on 02/13/2013 8:36:07 PM PST by Marie ("The last time Democrats gloated this hard after a health care victory, they lost 60 House seats.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: SandRat

Hubby just asked what the ‘second opinion’ is all about...I just said I guess whether you get to live or die...lol!

Pray for our country!


4 posted on 02/13/2013 8:42:16 PM PST by penelopesire (TIME FOR OBAMA TO ANSWER FOR BENGHAZI UNDER OATH!!)
[ Post Reply | Private Reply | To 2 | View Replies]

To: penelopesire

I was resuscitated 3 times about 8 or 9 years ago, here in TX. Glad that new law wasn’t in force then. However, if it happens again, guess I’ll just have to go meet my maker.......


5 posted on 02/13/2013 8:43:43 PM PST by basil (basil)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Marie

The whole thing reads like a bad horror movie. I am going to look into it tomorrow and make some calls to my state rep. This is too vague and dangerous to become law.


6 posted on 02/13/2013 8:45:54 PM PST by penelopesire (TIME FOR OBAMA TO ANSWER FOR BENGHAZI UNDER OATH!!)
[ Post Reply | Private Reply | To 3 | View Replies]

To: penelopesire

The ‘RAT Party of Death is at it again. They aren’t going to be happy until all those not registered as DemocRATS are dead.


7 posted on 02/13/2013 8:47:20 PM PST by FlingWingFlyer (Now Playing. Obama II - The Revenge of My Father.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: penelopesire
(i) A physician, health professional acting under the direction of a physician, or health care facility is not civilly or criminally liable or subject to review or disciplinary action by the appropriate licensing authority if the actor has complied with the procedures under this section…

So by decree, a physician could literally get away with murder. Who needs death panels when a sole source will do?

8 posted on 02/13/2013 8:48:25 PM PST by TADSLOS (The Event Horizon has come and gone. Buckle up and hang on.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: basil

Thank you for sharing that true life miracle! We are living in a culture of death and this stuff is being written into law, but folks are too busy watching ‘The Voice’ or ‘Kardashins’ to be bothered.

Shudders.....


9 posted on 02/13/2013 8:48:48 PM PST by penelopesire (TIME FOR OBAMA TO ANSWER FOR BENGHAZI UNDER OATH!!)
[ Post Reply | Private Reply | To 5 | View Replies]

To: penelopesire

I smell a No - Good, Dirty Obama Lovin, Rat in this


10 posted on 02/13/2013 8:50:50 PM PST by SandRat (Duty - Honor - Country! What else needs said?)
[ Post Reply | Private Reply | To 6 | View Replies]

To: TADSLOS

it sounds like an orderly could even sign it...lol. Unbelievable!


11 posted on 02/13/2013 8:51:32 PM PST by penelopesire (TIME FOR OBAMA TO ANSWER FOR BENGHAZI UNDER OATH!!)
[ Post Reply | Private Reply | To 8 | View Replies]

To: SandRat

Me too. I will let you know what I find out.


12 posted on 02/13/2013 8:52:59 PM PST by penelopesire (TIME FOR OBAMA TO ANSWER FOR BENGHAZI UNDER OATH!!)
[ Post Reply | Private Reply | To 10 | View Replies]

To: SandRat

Bob Duell - A conservative republican says wiki.


13 posted on 02/13/2013 8:53:39 PM PST by JPII Be Not Afraid
[ Post Reply | Private Reply | To 2 | View Replies]

To: penelopesire

14 posted on 02/13/2013 8:53:57 PM PST by jiggyboy (Ten percent of poll respondents are either lying or insane)
[ Post Reply | Private Reply | To 1 | View Replies]

To: penelopesire

What could possibly go wrong? /s


15 posted on 02/13/2013 8:54:30 PM PST by TADSLOS (The Event Horizon has come and gone. Buckle up and hang on.)
[ Post Reply | Private Reply | To 11 | View Replies]

To: penelopesire

Sounds like a one person death panel to me. I wonder how a death panelist would feel if a condemned patient or members of the condemned patient’s family retaliated lethally against the doctor who condemned him. A few of these lethal retaliations might put a stop to them. Doctors need to carefully consider their oaths. First, do no harm...


16 posted on 02/13/2013 8:59:14 PM PST by batterycommander (a little more rubble, a lot less trouble)
[ Post Reply | Private Reply | To 1 | View Replies]

To: penelopesire

??

Bringing those care Pathways to Texas?

death panels!


17 posted on 02/13/2013 9:00:38 PM PST by GeronL (http://asspos.blogspot.com)
[ Post Reply | Private Reply | To 1 | View Replies]

To: penelopesire

but folks are too busy watching ‘The Voice’ or ‘Kardashins’ to be bothered.

Given that option, death would be a blessing.


18 posted on 02/13/2013 9:01:20 PM PST by Ouchthatonehurt
[ Post Reply | Private Reply | To 9 | View Replies]

To: penelopesire

While R.(R for RINO) Perry is out hawking dem voters in California, Texans beware. They are after your state to become blue like Beelzbub himself looking to turn a Christian.

It can happen.


19 posted on 02/13/2013 9:09:14 PM PST by stanne
[ Post Reply | Private Reply | To 1 | View Replies]

To: penelopesire

” A reasonably diligent effort” causes me some concern...that is quite vague.

“we left a voicemail and didn’t hear back over the weekend...”

I’m a firm believer that one does not pass until their appointed time, regardless of men’s intention otherwise, but I do not subscribe to codifying subjectivity.

If this is a big problem with unclaimed terminal patients they can make the effort to spell things out clearly and fairly.


20 posted on 02/13/2013 9:09:41 PM PST by One Name (Ultimately, the TRUTH is a razor's edge and no man can sit astride it.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: penelopesire
This is clearly unethical, regarding the doctor's authority to designate DNR without prior permission from the patient detailing precise circumstances, and/or permission from next-of-kin or medical proxy.

The problem is, if a law is passed, then the law must be followed, and the question would be, will the Texas legislature (sic) actually read this bill before passing it? Or will it be like "ObamaCare", where it's part of a giant omnibus bill that "we have to pass it to see what's in it"?

I'm counting on Texas to continue as a beacon for freedom, life, liberty, and the pursuit of happiness, although it certainly wouldn't hurt to just call your Congressperson and remind him/her of that!

21 posted on 02/13/2013 9:10:01 PM PST by 88keys (where are the real Americans?!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ouchthatonehurt

LOL....I can always count on FReepers to make me laugh even in the darkest of times.


22 posted on 02/13/2013 9:10:23 PM PST by penelopesire (TIME FOR OBAMA TO ANSWER FOR BENGHAZI UNDER OATH!!)
[ Post Reply | Private Reply | To 18 | View Replies]

To: One Name

Well said.


23 posted on 02/13/2013 9:11:50 PM PST by penelopesire (TIME FOR OBAMA TO ANSWER FOR BENGHAZI UNDER OATH!!)
[ Post Reply | Private Reply | To 20 | View Replies]

To: penelopesire

Sick....


24 posted on 02/13/2013 9:12:34 PM PST by Vendome (Don't take life so seriously, you won't live through it anyway)
[ Post Reply | Private Reply | To 1 | View Replies]

To: penelopesire

http://en.wikipedia.org/wiki/Liverpool_Care_Pathway_for_the_Dying_Patient


25 posted on 02/13/2013 9:13:40 PM PST by LZ_Bayonet ( I AM THE TEA PARTY LEADER !)
[ Post Reply | Private Reply | To 1 | View Replies]

To: penelopesire; SandRat; Marie; basil; JPII Be Not Afraid; batterycommander; Squantos; Eaker; ...

Now would be a damn good time to remove the Organ Donor permission data from your medical files. Of course that wouldn’t have any effect in how fast they slip the DNR info into your file, would it?


26 posted on 02/13/2013 9:16:09 PM PST by B4Ranch (When democracy turns to tyranny, we still get to vote. We just won't use voting booths to do it.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: penelopesire

Thanks for posting and please ping with any additional info you may find. I’d love to know who (all) is behind this.


27 posted on 02/13/2013 9:17:11 PM PST by Jane Long
[ Post Reply | Private Reply | To 6 | View Replies]

To: B4Ranch

Put Alex Kayhill and Ranger Walker on stopping this. :^)


28 posted on 02/13/2013 9:20:07 PM PST by SandRat (Duty - Honor - Country! What else needs said?)
[ Post Reply | Private Reply | To 26 | View Replies]

To: LZ_Bayonet
Now THAT is frightening, and detailed...

and where have I heard that word before..."deemed"...???

Stay vigilant, all.

29 posted on 02/13/2013 9:20:23 PM PST by 88keys (where are the real Americans?!)
[ Post Reply | Private Reply | To 25 | View Replies]

To: Jane Long

It says the author of the bill is Duell - If it is Bob Duell, wiki says he is a a conservative republican.


30 posted on 02/13/2013 9:23:46 PM PST by JPII Be Not Afraid
[ Post Reply | Private Reply | To 27 | View Replies]

To: JPII Be Not Afraid

Sorry, Bob Deuell


31 posted on 02/13/2013 9:25:01 PM PST by JPII Be Not Afraid
[ Post Reply | Private Reply | To 30 | View Replies]

To: JPII Be Not Afraid; All
Thanks. I found this...

Sen. Robert Deuell, R-Greenville, filed legislation Thursday, SB 303, that provides clarification to Texas’ Advanced Directives Act, which sets out the end-of-life care for patients. Deuell’s bill adds language that specifically addresses patients “for whom life-sustaining treatment would be medically inappropriate and ineffective,” Weltge said. It also sets out a longer timeline for notifications and an appeals process for families or surrogates of terminally ill patients who disagree with the patient or the doctor’s wishes for treatment.

Here's a link to article I found.

32 posted on 02/13/2013 9:32:13 PM PST by Jane Long
[ Post Reply | Private Reply | To 30 | View Replies]

To: Jane Long

Thanks! I will be calling for answers in the am. I found ths:

http://www.senate.state.tx.us/75r/senate/members/dist2/dist2.htm


33 posted on 02/13/2013 9:34:40 PM PST by penelopesire (TIME FOR OBAMA TO ANSWER FOR BENGHAZI UNDER OATH!!)
[ Post Reply | Private Reply | To 32 | View Replies]

To: B4Ranch

I understand that in NYC when you call 911, the organ donors crew gets there before the EMT sometimes.


34 posted on 02/13/2013 9:38:43 PM PST by GeronL (http://asspos.blogspot.com)
[ Post Reply | Private Reply | To 26 | View Replies]

To: penelopesire
Um, this doesn't say what most think it does, and it addresses a real problem of spending millions to keep OD’d drug addicts alive another day or two with no hope of saving them.

The world is harsh. Sorry. BTW It is harsher when someone wants their kid/brother/sister/parent resuscitated but the hospital does not have the resources to provide follow-on treatment and they die.

PS If this is what I read about, it is a response to attempted federal preemption of required care under obamacare specifically designed to kill private owned hospitals. To whit: only the Feds can decide who gets treatment and who dies. Guess what? The Feds won't choose you or yours, especially if the state opts out, they'll make whatever choices inflict the most harm on private caregivers. And people WILL die, but the statists could not care less.

35 posted on 02/13/2013 10:15:28 PM PST by piytar (The predator-class is furious that their prey are shooting back.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Marie

It is wise to have your wishes for health care expressed in an advanced directive. An advanced directive states specifically what you want and what you do not want done for you. It also appoints someone to act in your place if for some reason you are unable to act for yourself. EVERYONE should have one and a designated person for health care power of attorney.


36 posted on 02/13/2013 10:19:29 PM PST by Nifster
[ Post Reply | Private Reply | To 3 | View Replies]

To: penelopesire

I am reviewing the bill. I think this article may be taken out of context. Further down in the bill, DNR is explained in detail. If you want to read the bill, you can find it at this location:

http://www.legis.state.tx.us/tlodocs/83R/billtext/pdf/SB00303I.pdf

I am no lawyer, but I don’t think it is as grim as it sounds.


37 posted on 02/13/2013 10:36:55 PM PST by drinktheobamakoolaid (If we falter and lose our freedoms, it will be because we destroyed ourselves. Abraham Lincoln)
[ Post Reply | Private Reply | To 1 | View Replies]

To: drinktheobamakoolaid

I hope you are right. Life News is usually pretty credible from my experience. But they could have jumped the gun on this one for sure. Not out of realm of possibilities. We are all pretty jumpy these days, for good reason. Our government is out of control with left wing, culture of death hacks...lol.


38 posted on 02/13/2013 11:01:15 PM PST by penelopesire (TIME FOR OBAMA TO ANSWER FOR BENGHAZI UNDER OATH!!)
[ Post Reply | Private Reply | To 37 | View Replies]

To: piytar

Thanks for posting your take on the article.


39 posted on 02/13/2013 11:03:18 PM PST by penelopesire (TIME FOR OBAMA TO ANSWER FOR BENGHAZI UNDER OATH!!)
[ Post Reply | Private Reply | To 35 | View Replies]

To: B4Ranch

My father was sent to the ER a couple of weeks ago, he’s 90 for possible Pneumonia. The asst.living home he was in called 911 first instead of me. Anyway the doctor on duty had to ask do I want them to do anything!,Anything! damn its a chest cold, I would have brought him decongestant and scheduled an appt. with his doctor, but because of having a DNR on file they were prepared to just make him comfortable and let him go at his age.
Which may have been better because he wasn’t admitted and has recovered enough to try messing with his taxes!Ha-Ha


40 posted on 02/13/2013 11:08:03 PM PST by Redak
[ Post Reply | Private Reply | To 26 | View Replies]

To: SandRat
I Bet Dems.

Don't bet too much. Progressives come in both flavors.

41 posted on 02/14/2013 12:52:22 AM PST by itsahoot (MSM and Fox free since Nov 1st. If it doesn’t happen here then it didn't happen.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: 88keys
This is clearly unethical, regarding the doctor's authority to designate DNR without prior permission

This is just the natural progression of socialized health care, why are you surprised?

42 posted on 02/14/2013 12:56:25 AM PST by itsahoot (MSM and Fox free since Nov 1st. If it doesn’t happen here then it didn't happen.)
[ Post Reply | Private Reply | To 21 | View Replies]

To: drinktheobamakoolaid
I am no lawyer, but I don’t think it is as grim as it sounds.

No it is worse, when even freepers do not see what is happening. Trains will have to be running regularly I guess, before people will wake up.

43 posted on 02/14/2013 12:59:56 AM PST by itsahoot (MSM and Fox free since Nov 1st. If it doesn’t happen here then it didn't happen.)
[ Post Reply | Private Reply | To 37 | View Replies]

To: wagglebee

Ping...


44 posted on 02/14/2013 1:26:46 AM PST by TheSarce (Reject Socialism. Champion Liberty.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: penelopesire; All

Considering Rick Perry and the Texas GOP gave in-state college tuition to Illegal Aliens, and wanted to spend 150 Billion to build the NAFTA SuperHighway for Communist China and Mexico...do not be surprised if you find a lot of GOP involved on this

Here in Florida, during the Terri Schiavo state-sanctioned execution, the state GOP leaders were involved in making it easier for people to be shipped to hospices and prepped to die. In fact, the judge who ordered her execution was GOP

More and more you find the GOP is working with the Dems on some of this bizarre individual-rights denying legislation


45 posted on 02/14/2013 3:02:31 AM PST by SeminoleCounty (GOP = Greenlighting Obama's Programs)
[ Post Reply | Private Reply | To 1 | View Replies]

To: stanne
It can happen.

Yep. Look at Colorado--seriously Californicated. Western Montana got it, too.

If the Governor has to sell California business on the move based on fiscal benefits, the move won't likely be for philosophical reasons, but just the money. Beware that.

46 posted on 02/14/2013 3:11:45 AM PST by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing)
[ Post Reply | Private Reply | To 19 | View Replies]

To: B4Ranch
Of course that wouldn’t have any effect in how fast they slip the DNR info into your file, would it?

I guess that depends on the market for spare parts...

47 posted on 02/14/2013 3:13:24 AM PST by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing)
[ Post Reply | Private Reply | To 26 | View Replies]

To: SandRat

(i) A physician, health professional acting under the direction of a physician, or health care facility is not civilly or criminally liable or subject to review or disciplinary action by the appropriate licensing authority if the actor has complied with the procedures under this section…


48 posted on 02/14/2013 4:15:37 AM PST by puppypusher (The World is going to the dogs.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: penelopesire

Just as I was considering a move to Texas, I now see that liberals have succeeded in infiltrating the state.


49 posted on 02/14/2013 4:31:47 AM PST by BuffaloJack (Guns should not be illegal; they should be undocumented.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Smokin' Joe

Yep. People are so ready to believe any given politican is conservative.

Rick, bless him, is NOT so whe faced with immigration from Mexico or California.

Watch out.


50 posted on 02/14/2013 5:15:32 AM PST by stanne
[ Post Reply | Private Reply | To 46 | View Replies]


Navigation: use the links below to view more comments.
first 1-5051-59 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson