Thursday, February 22, 2007

Forced Participation in Assisted Suicide Under A.B. 374

Under A.B. 374, nursing homes, hospices, group homes, rehabilitation centers, and other facilities (except acute care hospitals) cannot prevent assisted suicide from taking place in their facilities. This would include those with religious objections, since only acute care hospitals are authorized to refuse assisted suicide on their premises.

The key sections are 7198 (b) and (e):

"(b) No professional organization or association, or heath care provider, may subject a person to censure, discipline, suspension, loss of license, loss of privileges, loss of membership, or other penalty for participating or refusing to participate in good faith compliance with this chapter." (My emphasis.)

Now, here's where (e) comes in. It permits acute care hospitals to refuse to permit assisted suicide in the facility. "(e) Notwithstanding any other provision of law, a general acute care hospital, as defined in subdivision (a) of Section 1250, may prohibit a licensed physician from carrying out a patient's request under this chapter on the premises of the hospital if the hospital has notified the licensed physician of its policy regarding this chapter."

Under 1250 (a) an acute care hospital is defined as, " a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff that provides 24-hour inpatient care, including the following basic services: medical, nursing, surgical, anesthesia, laboratory, radiology, pharmacy, and dietary services."

This would appear to mean that assisted suicide could not be prevented from occurring on the premises of nursing homes, hospices, rehabilitation facilities, group homes, etc.--whether or not they have a religious or moral objection to assisted suicide--and staff doctors or those with privileges cannot be sanctioned in any way for participating in the assisted suicides of patients in these objecting facilities.

The culture of death brooks no dissent!

HT: Rita Marker



At February 22, 2007 , Blogger Lydia McGrew said...

What are the odds it will pass?

At February 22, 2007 , Blogger Wesley J. Smith said...

Don't know. We fought very hard against it for the last 2 years and kept it from floor votes in both houses, by the skin of our teeth.

Actually, this was a bonehead move. The balance of power on the issue, as I see it, are moderate Hispanic Catholic Democrats from the Central Valley. Telling them that nuns would have to sit by and allow assisted suicide in their nursing homes will not go down well. It also doesn't look good for Nunez, the Assembly Speaker. I'm betting he never read the bill.

At February 24, 2007 , Blogger Jerri Lynn Ward, J.D. said...

Dear God,

If this comes to some of the states where my nursing home clients reside, I will have sobbing administrators and DON's calling me on a regular basis. Even my for profit clients will freak out at something like this--as most of them went into the business to take care of the elderly and sick--not to stand by and let a putative "doctor" kill them.

At February 25, 2007 , Blogger Wesley J. Smith said...

This is typical of the kind of overreaching that many in the euthanasia movement enjoy. Hopefully, they will have shot themselves in the foot. But don't expect the MSM to report it. Hell, I'll bet most reporters and editorialists haven't even read the bill.


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