PUTTING THE RIGHT-TO-DIE
INTO
HEALTH-CARE LAWS AND REGULATIONS
AUTHORIZED
MEDICAL METHODS OF MANAGING DYING
SAFEGUARDS
FOR LIFE-ENDING DECISIONS
by
James Leonard Park
Legislators creating new health-care laws, rules, &
regulations
for
anywhere on the planet Earth are invited to adapt
the
following provisions for their own jurisdictions.
FIVE MEDICAL METHODS OF MANAGING DYING
CAN BE
OFFICIALLY AUTHORIZED
When all five methods of managing dying approved by doctors
are
explicitly written into the health-care law of any jurisdiction,
then
patients and their doctors can choose any combination
that
fits any particular patient and family.
The new end-of-life medical care act
can
officially and legally authorize dying patients and their families
to
choose the best pathway towards death,
using
the most appropriate of these 5 methods of managing dying.
(Each method is
linked to more information on the
Internet.)
1.
PROVIDING
COMFORT-CARE ONLY
When the patient is already receiving pain-meds from
the doctor,
the
doctor can order an increase
in these symptom-controlling methods
with
an explicit awareness that giving more drugs
will
probably shorten the process
of dying.
Adjusting the levels of pain-killers
is
already within the normal practice of medicine everywhere.
And
professional standards of terminal medical care
establish
the reasonable limits for all forms of comfort-care.
This medical method of managing dying
should not be confused with giving
a intentional overdose of
drugs
with
the purpose of causing immediate death.
Immediate
death by gentle poison is approved method 5, below.
2.
INDUCING
TERMINAL COMA
If the patient's symptoms cannot be satisfactorily
controlled
by
increasing the pain-medications already in use,
then
the patient (and/or the proxies) and the doctors
can
select another medical method of managing this patient's dying
—continuous,
deep sedation until death comes from natural causes.
Drugs will be given (and adjust as needed)
to
guarantee that this patient will
be kept completely unconscious
while
the rest of the process of dying unfolds as expected.
As with other methods of managing the process of dying
(such as increasing pain-medication and disconnecting
life-supports),
the
cause of death
will be recorded as the underlying disease or condition.
3.
ENDING
CURATIVE TREATMENTS AND LIFE-SUPPORTS
Also completely within the normal practice of
medical care,
the
patient and/or the proxies can agree with the doctors
to
discontinue whatever medical supports are keeping the patient alive.
As medical technology becomes a common
part of terminal care,
it
will also become more common for life to end
when
the various systems of supporting vital functions
are
disconnected or discontinued because they are doing no good.
4.
WITHDRAWING
WATER
Often one of the forms of life-support was a
feeding-tube,
which
was keeping the patient alive by artificial nutrition and
hydration.
When
other life-supports are switched off,
food
and water provided by any method
are
usually also discontinued.
The
patient will not benefit from having more food and fluid.
But this way of managing dying can also be
authorized
when there are no other major life-supports in place.
And here, as with any other medical methods of managing dying,
careful
safeguards must be fulfilled
to make certain that giving up fluids is a wise way to manage dying.
5.
USING GENTLE POISON
The newest authorized medical method of managing dying
(beyond
what was already common in modern medical care)
will
allow a physician to prescribe lethal chemicals
with the explicit purpose
of granting the patient a
speedy and painless death.
When this method of dying is the primary means
by
which a patient's life will come to an end,
then
the others methods of dying become irrelevant.
But
the other methods of getting ready for death
might
have been chosen as preparation for this final act.
For
example, food and water might have been stopped some days before
because
they only caused the patient to suffer more deeply.
Also,
the patient might be unconscious
as
the result of drugs already given as part of the terminal care.
Either the patient himself or herself or the proxies for
this patient
can
authorize this shortest medical method of dying.
The specific method of administration of this fatal
dose of drugs
will
depend on the exact situation of the patient at the end of life.
Such
details might (or might not) be specified in any new right-to-die
law.
The safeguards should mainly
ensure a wise life-ending
decision.
Then
the particular methods of dying will not be as important
as
achieving the desired, planned, & authorized result
—immediate,
pain-free
death for this patient.
EIGHTEEN
BEST SAFEGUARDS FOR
LIFE-ENDING DECISIONS
The core of any new end-of-life medical care act
authorizing
the named medical methods of dying
will
be a set of careful safeguard-procedures
to
be fulfilled by the patient, the family, & the doctors
before
the plans for death go forward.
All right-to-die laws do have implicit and explicit
safeguards,
but
a major problem with the earlier laws
is
that they always scatter the safeguards thru-out the body of the
law.
This
means that people attempting to follow the law
must
read the whole law (or some organized summary of the law)
in
order to discover if they have fulfilled each and every safeguard
intended
by the law-makers when they authorized
the specified medical methods of managing dying.
Because several different people will be consulted
in
making this life-ending decision,
we
should not expect them all to read and sign
the same statement of fulfilled safeguards.
The safeguards should all be stated and explained
in
one easy-to-find section of the right-to-die law.
These
safeguards should be named and numbered (or lettered)
so
that a check-list can be created to make certain
that
all these important documents have been completed and
recorded.
Each jurisdiction on the planet Earth will probably
select
a slightly different set of safeguards for life-ending decisions.
The following list of possible safeguards
is
organized beginning with the most important.
Jurisdictions
that wish to have a very careful system
for
authorizing life-ending choices
will
incorporate all of
these suggested safeguards
—and
they might even create a few additional safeguards.
Places that
feel less need for details
will
select from the first few safeguards.
In your place on the Earth,
which safeguards would be the most
useful
for
the purpose of preventing
irrational suicide
and
other forms of premature
death?
Because these safeguards are concerned with
health-care
rather
than criminal law,
safeguards
establishing punishments for outlawed behavior
can be included in new criminal laws.
If and when any criminal laws about 'assisting suicide'
are repealed or replaced by more complete laws
explaining more fully what behavior is prohibited,
other
safeguards that look more like prohibiting murder
could
be put into that criminal code.
Here
is a draft-law to prevent CAUSING
PREMATURE DEATH.
The
following
safeguards have been
selected
from the more complete list of safeguards for
life-ending decisions
included in How
to Die:
Safeguards for Life-Ending Decisions.
And they retain
their letters from that list of 26 recommended safeguards.
Each is linked
to a complete explanation on the Internet.
Safeguards for making life-ending decisions
should
be written in soft ways
so
that patients, their families, & their doctors
will
not first think of ways to avoid
or ignore the
safeguards.
Governments
should not close the gate and establish gatekeepers
in
order to control end-of-life medical decisions.
This
will only make the patients and their doctors angry at government.
Likewise, safeguards should not give exclusive power
to doctors
to
say "no" to patients' requests for help in dying.
Rather, the safeguards should function as creative
ways
to
empower the decision-makers to separate
premature death from death at the right time.
End-of-life
situations that were unclear or uncertain initially
can
achieve consensus among the deciders
by
the process of discussing the following safeguards.
A. ADVANCE
DIRECTIVE
FOR MEDICAL CARE
A written statement explaining the patient's
philosophy of life and death
is probably
the most basic document for making end-of-life decisions.
Life belongs
to each individual patient.
His or her settled values
should shape all medical decisions.
For an overview of what to include in a comprehensive Advance
Directive,
see Advance
Directives for Medical Care: 24 Important Questions to Answer.
Once the patient has created an Advance Directive
for Medical Care,
he or she will
share the Advance Directive with significant others
—especially those
chosen as medical proxies.
And they
should create brief statements
expressing
their agreement with
the Advance Directive
and (if they
are proxies) their commitment to carry forward
the settled
values of the patient.
B. REQUESTS
FOR
DEATH FROM THE
PATIENT
The patient owns his or her own life and death.
Whenever the
patient is still capable of making medical decisions,
any and all
serious requests for death should be recorded,
stating the
date, time, circumstances, & witnesses.
The patient
should also explain why he or she thinks
death at the chosen time
would be better than death
at some later time.
Such requests
for death might lead to creative discussions
among all the
people concerned with this patient's life and death.
If the patient is no longer capable of making
medical decisions,
the
duly-authorized proxies then have the power and responsibility
to make any
reasonable requests for death on behalf of their patient.
See
Safeguard
K
below: Requests for Death from the Proxies.
D. PHYSICIAN'S
STATEMENT
OF CONDITION AND PROGNOSIS
The most important document created by a medical
professional
will be a summary of the medical facts and future of this patient.
In
order to
avoid any confusion, ambiguity, or misunderstanding,
this statement
should be put
into writing
as well as
explained to the satisfaction of those who must decide.
E. INDEPENDENT
PHYSICIAN REVIEWS THE CONDITION AND PROGNOSIS
Whenever making life-or-death decisions,
it is always
wise to seek a second—independent—professional
opinion.
This second
recommendation might be sought from a specialist
in the disease
or
condition from which the patient is possibly dying.
If there are
differences in these professional evaluations,
any such
uncertainties should be resolved by further investigation
before the
plans for death proceed.
F. CERTIFICATION
OF TERMINAL ILLNESS OR INCURABLE CONDITION
Even tho the patient need not
be in a terminal
condition to request death,
if the disease
or condition is likely to
lead to death,
the same
physicians who have written
the full
statements of the
patient's condition and prognosis
might also
create a separate document to
certify terminal illness
if the patient
is likely to die within the next 6 months.
Or such
certification could be included in the doctors' other
statements.
Certification
of terminal illness should specify
whether the
projected period of survival includes
life-supports or not.
G. UNBEARABLE
SUFFERING
An important question for any life-ending decision
is whether the
patient is suffering in some way that cannot be relieved
and which the patient
finds intolerable.
Such physical
suffering can be explained and documented
by the doctors
who have been treating the suffering.
H. UNBEARABLE
PSYCHOLOGICAL SUFFERING
The patient might also be suffering emotionally.
Only the
patient can ultimately decide whether such suffering is
intolerable.
But
professional efforts to alleviate the mental suffering
should also be
documented.
Psychological
suffering can be evaluated by both family and doctors.
And if the psychological suffering is so great
as to make the
patient incapable of making wise medical decisions,
then the power
to decide passes to the authorized proxies.
The proxies
will make any life-ending decisions:
Is death now wiser
than death later?
I. PALLIATIVE
CARE
TRIAL
The actual application of comfort-care
by medical
professionals well trained in the care of the dying
will help to
decide which is the wisest course of action.
Sometimes
physical and psychological suffering can be so reduced
that the
patient and/or proxies no longer believe
that death is
the best
choice at this time.
However, in some obvious cases, palliative care
would be useless.
But at least
the patient and/or proxies should be
fully
informed
about the benefits of palliative care
and even
consult a specialist in controlling suffering at the end of life.
J. INFORMED
CONSENT FROM THE PATIENT
The patient must have full information
about his or her condition
and all the
possible medical treatments that still remain
open.
When the
patient has received and understood the medical statements
concerning his
or her medical condition and likely future,
the patient is
empowered to make wise end-of-life choices.
K. REQUESTS
FOR
DEATH
FROM THE PROXIES
If the patient can no longer make
meaningful medical decisions,
then the
decision-making power shifts to the proxies,
who have been
carefully selected by the patient
when the
patient was still fully able to make all medical choices.
The proxies shall carefully consider all of
the medical facts,
taking into
account the opinions of everyone legitimately concerned.
Then the
proxies can
decide to make requests for death
just as such
requests could once be made by the patient.
L. ENROLLMENT
IN A
HOSPITAL OR HOSPICE
If the patient is
being treated in a hospital
or receiving
terminal care in a hospice program,
any such
medical institution will keep careful records
of all
discussions and decisions regarding the care of the patient
—including all
explorations of end-of-life choices.
Terminal-care
professionals deal with life-ending decisions frequently.
They will not
support a premature death.
M. STATEMENTS
FROM
HOSPITAL OR HOSPICE STAFF MEMBERS
The nurses, doctors, & volunteers who know the
patient well
can also
create statements
about their discussions
with the
patient about end-of-life choices.
Do those who
see the patient daily support the life-ending
decision?
N. STATEMENTS
FROM FAMILY
MEMBERS
AFFIRMING
OR
QUESTIONING CHOOSING DEATH
Other persons who
have known the patient for some time
either agree
with the life-ending decision
or question
the wisdom of ending the patient's life now.
Even tho these
significant other persons might not be directly involved
in the process
of making any life-ending decisions
and they will
not be responsible for carrying out any terminal choices,
they
know of
the
plans for death well in advance.
And they
create written statements either affirming the choice of death
or questioning
the wisdom of the end-of-life plans.
What are their
considered opinions about the proposed death?
Q.
AN
INSTITUTIONAL
ETHICS COMMITTEE
REVIEWS
THE
PLANS FOR DEATH
An ethics
committee of the institution providing terminal care
reviews all of
the documents created for the
death-planning process
and approves
or questions any life-ending decisions.
The ethics
committee should meet with the patient and/or the proxies.
If there is no
ethics committee,
a private ethical consultant
can review the plans for death.
R. STATEMENTS
FROM
ADVOCATES FOR
DISADVANTAGED GROUPS
IF
INVITED BY
THE PATIENT AND/OR THE PROXIES
If any patient worries about discrimination
because
of membership in a disfavored
group,
advocates
can
be
selected
from that identity-group
to
review the death-planning documents
to make sure that no
discrimination has taken place
because
of the group-identity of the patient.
Adding
any such statements to the death-planning record
will
assure others who are not
as close to the patient
that
the life-ending
decision was as free as possible from discrimination
and
that the patient received terminal care independent
of group-identity.
U. WAITING
PERIODS FOR REFLECTION
Appropriate periods for further reflection are needed
between the
time when the first
life-ending decision is made
and when the final
life-ending act
is performed:
(a) one week
for the
withdrawal of life-support systems,
(b) one year
for a voluntary
death, or
(c) six months
for a merciful
death.
These waiting
periods may be adjusted when adequately explained
by the special
circumstances of the specific patient.
Spreading the
end-of-life discussions over significant
periods of time
encourages all
concerned to re-think
their previous
decisions.
V. OPPORTUNITIES
FOR THE PATIENT TO RESCIND OR POSTPONE
ANY
LIFE-ENDING
DECISIONS
If the patient has already
begun the death-planning process,
ample
opportunities should be provided
for the
patient to change his or her
mind.
The people
offering these opportunities should
document
that the
patient had several occasions to change the plans for death.
Does the
patient decline each opportunity to
change course
and reaffirm
his or her determination to choose death?
Created
November 7, 2015; Revised 11-12-2015; 12-1-2015; 12-8-2015; 1-21-2016;
4-6-2016;
3-13-2018; 10-12-3018; 12-5-2019; 9-2-2020;