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CONCORD, NH---With a vote of 168-165, a potentially dangerous bill that would give physicians and nurses authority to autonomously determine whether a person lives or dies, the New Hampshire House voted Wednesday to pass a bill that presumptively updates the state's laws on advanced directives.
The bill presumably defines when hospitals, doctors or families can decide when nutrition and hydration can be removed and spells out the rules on do not resuscitate orders.
But the bill also redefines two medical concepts, "permanently unconscious" and "near death", definitions which are overbroad and vague---and tilts the law in favor of death. According to critics, should Gov. John Lynch decide to sign the bill which breezed by the Senate, a nurse could label a patient as lacking the "capacity to make health care decisions", and decide to pull the plug herself without consulting with a physician. Life and death decisions could be made on that nurse's determination, without any involvement of the patient's attending physician or any other medical personnel.
The House debated for two hours and took four votes before passing by three votes. Only one senator spoke on the bill.
Following the vote in the House, opponents tried to reopen the debate but House members declined, voting 172-157.
Opponents say that the provision allows facilities to euthanize the mentally disabled and treat the disabled the same as if no advanced directive exists.
The objectionable language to the proposed bill was added on Friday in the last two minutes of the Committee of Conference without a hearing and opponents say that it is giving a facility the right to starve and dehydrate and remove life sustaining treatment from a mentally incompetent individual. They say this would not necessarily apply only to a person who has been disabled since birth but could also apply to persons who have dementia or Alzheimer's Disease.
One committee member who opposed adding the language was removed from the committee and the vote was unanimous as is necessary for amendments. The new language added Friday states:
Nothing in this chapter shall be construed to condone, authorize, or
approve
The bill is described as "a last minute backroom deal with the medical and insurance foundations", Rep. Nancy Elliot, R-Merrimack said. She said it sounded that euthanasia to her.
The bill was a pet project of Rep. Cynthia Dokmo, chair of the Senate Judiciary Committee, who claimed that she's "not in anyone's pocket".
Gov. Lynch is said to be leaning in favor of the bill but would examine the language. 5-25-06
© 2006 North
Country Gazette
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