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Model State Law To Prevent Starvation And Dehydration Proposed

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Spurred By Schindler-schiavo Case, Model State Law To Prevent Starvation And Dehydration Proposed

In the months leading up to, and after Terri Schiavo's death, a dozen states took the first legislative steps toward preventing future similar cases. Lawmakers in eight states ... Alabama, Georgia, Hawaii, Iowa, Kentucky, Michigan, Minnesota and South Carolina ... proposed bills identical to, or inspired by the National Right to Life Committee's Model Starvation and Dehydration of Persons with Disabilities Prevention Act,which was inspired by the 2003 removal of Terri Schiavo's feeding tube.

In response to the denial of food and fluids to Terri Schindler-Schiavo, the National Right to Life Committee is calling on state legislatures throughout the nation to move to protect people with disabilities from being denied food and fluids. The organization is issuing a "Model Starvation and Dehydration of Persons with Disabilities Prevention Act."

"Far from being an isolated instance, the attempted starvation and dehydration of Terri Schindler-Schiavo is typical of the denial of food and fluids in less publicized cases taking place daily in nursing homes and hospitals across America," said Burke J. Balch, J.D., director of the Robert Powell Center for Medical Ethics, affiliated with the National Right to Life Committee.

"For years, people who never asked to die have been quietly starved without much public attention, based on state laws and court opinions that permit third parties to make deadly decisions with little or no scrutiny or accountability," Balch said. "The outcry over the Schindler-Schiavo case has awakened millions of Americans to the inhumanity of this practice. Now we must act to reverse this trend, and restore a presumption against starvation and dehydration."

The proposed model law, drafted to be easily adaptable for each state, is written to be constitutional under the governing precedents of the United States Supreme Court. It would create a presumption that those incapable of making health care decisions would wish to get food and fluids so long as their provision is medically possible, would not itself hasten death, and can be digested or absorbed so as to sustain life.

The presumption would not apply if the person has specifically authorized withholding or withdrawal in an applicable legal document (advance directive).

"We must not let the horror and outrage over the attempted starvation and dehydration of Terri Schindler-Schiavo dwindle and die away before we have acted to secure protection for the thousands facing s similar fate," said NRLC Executive Director David N. O'Steen, Ph.D.

Questions And Answers On The Model State Starvation And Dehydration Of Persons With Disabilities Prevention Act (New window will open. .pdf file)

Text of the Model State Starvation and Dehydration of Persons with Disabilities Prevention Act (New window will open.)

Read the entire article on the National Right to Life website (new window will open).

Posted: 04-Apr-06



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