Discussion (My idea) of the MADE Act of 20XX

[TAW122]

This was an idea that I had prior to my departure from SaSu in early 2021, and while it is not law, nor likely to become law anytime soon, I think it would be a more realistic kind of legislation that would see the light of day (like within half a decade or within a decade or so). As a disclaimer, I am not a lawyer, not am I a legislator, and this is just my take on what I would do if I could write a particular law to expand our current advance directive policy around the federal level.

Anyways, my idea relates to advance directives and right to die, specifically to expand the scope of the current advance directives as well as making them more robust, enforceable, and adherent to the patients' wishes. The name of this would be the MADE (Medical Advance Directive Expansion) Act of 20XX. The 'XX' represents the year (2025, 2030, 2044, etc.) this act could become law, which could be anytime within the 21st century.

In this act, I would propose to:

• expand the current advance directives that patients have to cover and include people who are suffering from chronic illnesses (both physical and psychological disorders), such as but not limited to: dismemberment, quadriplegia, ALS, MS, treatment resistant depression, cancer, heart disease, stroke, etc.
• make it a federal crime for any person to knowingly and willingly violate, tamper with, obstruct, interfere, or jeopardize a patient's advance directive (e.g. a patient's advance directive states that if he/she is quadriplegic and wishes to die after x amount of days and after (patient defined) conditions are met, but if someone else, not limited to: healthcare workers, doctors, nurses, or third party people, etc. does any of the aforementioned actions, it shall be a federal crime to do so.)
• The penalty for knowingly and willingly violate such a directive can include up to 10 years in federal prison, $250,000 fine, revocation of license to practice (for healthcare workers and doctors, etc.), non-healthcare workers may suffer up to 10 years in federal prison, $250,000 fine, and offered to pay restitution to the patient.
• allows a patient to petition a court for redress and seek civil compensation for damages incurred as a result of such actions (including but not limited to: financial, emotional, physical, social, and other damages).
• additionally, a patient has the ability to seek another appeal from an independent panel for redress should their provider's opinion be contrary to their wishes and have their request looked at impartially.
• protect healthcare workers and doctors from civil and criminal liability if and when they respect a patient's directives. The directive would be on file in a secured repository to have ease of access of a patient's advance directive instantly and be transparent between healthcare workers that are taking care of said patient to ensure that the directive is honored and followed appropriately.
• EMT's and first responders will have immediate access to the advance directives database upon/right after identifying a patient in order to understand the patient's wishes and do their best to adhere to them.
• Create a secure database of advance directives (will be protected by HIPAA) where healthcare professionals are able to access said database for patients that have active advance directives on their wishes.

If my idea such as the M.A.D.E. Act of 20XX does become law one day in the future, then it would punish pro-lifers and anti-choicers as well as deter people from interfering or imposing their will on others. I'm no expert on Swiss, Dutch, or Belgian law, but I perhaps there is a clause or even a general law that prohibits anyone from failing to honor someone's right to die or medical decision.

Let me know what you think about my idea for a law that would expand and enhance current medical advance directives.

 

[TAW122]

I just wanted to bump this topic as it has been buried. Additionally, I want to add that I believe this legislation would further bolster the patients' wishes and rights to be respected in addition to adding more recourse for the patient should the organization, third parties, or anyone violate patient wishes. Also, this would make advance directives hold more legal weight by making them more enforcement as well as additional penalties for (intentionally) violating them.