In June 2015, the Alameda Superior Court issued an Order striking down much of California Health & Safety Code 1418.8.
This section outlines the IDT process that long-term care facilities have long used to make medical decisions for incapacitated patients without available legally authorized surrogates.
Last week, the court issued its final Judgment in the case. That Judgment provides:
- The use of Health & Safety Code 1418.8 is prohibited to the extent that it does not require that the resident be adequately notified in writing.
- The use of Health & Safety Code 1418.8 is prohibited for the administration of anti-psychotic drugs except in emergency situations.
- The use of Health & Safety Code 1418.8 is prohibited to make end of life decisions regarding the withholding or withdrawal of life-sustaining treatment for residents, except to the extent consistent with the resident’s advance directive or known wishes.
- The use of Health & Safety Code 1418.8 may be used to provide or initiate hospice or comfort care.
The views, opinions and positions expressed by these authors and blogs are theirs and do not necessarily represent that of the Bioethics Research Library and Kennedy Institute of Ethics or Georgetown University.