Texas Ten Day Law

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Texas Ten Day Law

Texas State Law
HEALTH AND SAFETY CODE
CHAPTER 166. ADVANCE DIRECTIVES
SUBCHAPTER A. GENERAL PROVISIONS

SECTION 166.046 PROCEDURE IF NOT
EFFECTUATING A DIRECTIVE OR TREATMENT DECISION.

That simply means if the doctors and hospital believe that the care given is not proportionate to the benefit and constitutes a heroic means and therefore will be stopped whether or not it has been requested to use all means of prolonging life by the patient in his or her Advanced Directive. It also means that the person appointed as Durable Power of Attorney for Health Care no longer holds the decision making power for the individual.

Truly there are circumstances where unreasonable burden is inflicted on a dying patient with the "At any cost" attitude. But the abuses of a patients rights is outrageous and needs to be publicly addressed.
The issue of food and water are right in the middle of this law by considering it a medical treatment instead of a common responsibility of comfort and normal care.

The law goes on to state a number of steps that must be taken before executing this decision.

One might otherwise state it as "before pulling the Plug" (the more harsh but clear (without euphemisms) expression for removing Life Support.

These procedures are explained in detail with alternative choices such as finding another facility to receive the patient for care. Section 166.046 (e) continues to explain the procedure and very clearly states that "If the patient or the person responsible for health care decisions of the patient is requesting life-sustaining treatment that the attending physician has decided and the review process has affirmed is inappropriate treatment, the patient shall be given available life-sustaining treatment pending transfer under subsection (d).

What does all this mean? It means if you don't agree with the decision then the hospital has the right to "Kick you out" or better said transfer you to another facility and you must pay for it all out of your own pocket.

This is an important health care law that effects us all and is written in the midst of a law which seems to protect and explain in detail the law for everyone from various ADVANCED DIRECTIVE situations. It clearly states that euthanasia is against the law BUT this particular section is right in the middle of it and missed by most people. In fact most people including the doctors, nurses and other healthcare workers are not aware of it.

You can get more information about the law by clicking on the following website:
www.texasrighttolife.com/lifeIssues_euthanasia_bush.php

The Texas Ten Day Law
(AKA The Futile Care Law)

This law is only found in two states and involves the hospital or doctor's right to override your so-called "Living Will" or your "Durable Power of Attorney for Health Care", if they (the hospital or the Doctor) believes that you are being unreasonable in your efforts to continue life support or any treatment (food and water are also considered by them to be "Treatment") for your loved one.

Of course they must warn you, and give you the conditions and procedures for doing this. In other words your "living will" or "Advanced Directives" and rendering powerless the "Durable Power of Attorney for Health Care" making it all as good as the paper it is written on if they (hospital and Doctor) feel that the care that is being given is Futile and that the person will never recover from what they decide is a life not worth living.

Miracle Case in Amarillo

A young man had fallen 20 feet to the ground on a construction job. Ed was called to come to the hospital to pray because the hospital had given the family the 2 day notice that he would be removed from life support in 2 days if there was no improvement.

The family was stricken with grief and asked for prayer for the young man who was only in his early 20's.

It just so happened that his brother had just completed an ACTS Retreat with Ed. The brother worked for a transmission repair shop owned by a Christian man so the brother called his boss to call Ed.

It just so happened that Ed was in Amarillo near the Hospital and said that he would be right there!

God brought everyone together and when Ed arrived in the room he was touched to see Art who was on the retreat with him. His family was at a loss for words. Everything had happened so fast and now his brother was comatose with tubes everywhere. Immediately upon observing the situation and sharing with the family, He said that the only thing that was going to work was prayer for God's Divine Mercy. He introduced them to the Chaplet of Divine Mercy and all went to the chapel and began to pray for Michael to be healed and that the doctors would not take him off the Life Support. They prayed for a miracle.

After the prayer and a few more minutes of sharing everyone parted and returned to their jobs and appointments. Ed returned home and continued his work.

Early the next morning there was total surprise when the nurse on shift went in to check on him and he moved the fingers on one hand. The doctor could not believe this report. Yet within two hours he was asking for a coke and within one month he was back at work.