May 21, 2007

Dear Members of the House of Representatives,

Re:  Advance Directives; SB 439

The Texas Catholic Conference and Catholic Health Association of Texas appreciate your consideration of the many bills related to revisions of the current Advance Directives Act, Chapter 166.

We appreciate the hard work and compromises of Representatives Delisi and Coleman and Senator Deuell in addressing concerns with present law.  We support SB 439 because it:

• Includes nutrition and hydration as ordinary care;
• Changes the definition of “irreversible condition;”
• Revises the process to provide better and more compassionate communication to the family; and
• Extends the period of time of transfer to 21 days.
• Clarifies the conditions of patients and therapies in Intensive Care Units eligible to end treatment to address the concerns of the disability community.

SB 439 embodies all of these concepts.  Representatives Delisi and Coleman and Senator Deuell have studied the issues and understand them.  Therefore, we SUPPORT the HOUSE COMMITTEE SUBSTITUTE SB 439, with perfecting amendments by Representative Delisi.  We ask members to follow the lead of Representative Delisi and only support those amendments which she supports.

Further, we OPPOSE all efforts to amend any legislation with provision requiring treatment until transfer.  We have consulted with Stephen Mikochik, ethicist of the National Catholic Disability Partnership and he shares our view.  In a letter to the TCC he states,

“I find several aspects of existing Texaslaw regarding advanced directives most troubling; but I agree that requiring treatment pending transfer is not the solution. That would grant surrogates an effective veto and could require health professionals to provide treatment, contrary to a patient's best interest and their corresponding duty of care, on an indefinite basis.”

We believe that the patient and his or her family should be the first concern of any legislation impacting end-of-life care.  Further, we believe that natural death with dignity is the primary goal of every individual and institution engaged in this process, and that families, communities, and the healthcare professionals who are involved, be allowed to provide the most compassionate care possible.

We would greatly appreciate your support.  Please do not hesitate to call if you have any questions or concerns.

Sincerely,

Andrew Rivas                                      Brenda A. Trolin

Executive Director                               Executive Director

Texas Catholic Conference                  Catholic Health Association of Texas

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