Two bad bills are up for consideration at the Arkansas Legislature: H.B. 1685 and H.B. 1686.
H.B. 1685 amends the Arkansas Healthcare Decisions Act.
H.B. 1686 amends the state’s Physician Order for Life-Sustaining Treatment Act.
Among other things, H.B. 1685 makes it easier for healthcare providers to deny a dying person food or water.
H.B. 1686 inserts a vague and subjective definition of “terminal illness” into state law.
Both bills would make it possible for patients and their families to work through decisions about end-of-life care and life-sustaining treatment without the help of a physician.
Arkansas has excellent laws governing end-of-life medical care. H.B. 1685 and H.B. 1686 weaken these good laws.
Below are additional points to consider.
Current Law
- Arkansas’ Healthcare Decisions Act outlines how patients and their family members make end-of-life healthcare decisions.
- Arkansas’ Physician Order for Life-Sustaining Treatment Act lets patients work with a physician to document their life-sustaining treatment wishes.
- Physicians are involved in decisions made under the Healthcare Decisions Act and the Physician Order for Life-Sustaining Treatment Act.
- State law is careful to note that a Physician Order for Life-Sustaining Treatment form is not intended to replace an advance directive.
What H.B. 1685 and H.B. 1686 Would Do
- H.B. 1685 makes it easier for healthcare providers to withhold food and water from a patient who is dying.
- H.B. 1686 inserts a vague and subjective definition of “terminal illness” into state law.
- The definition is very similar to one found in a 2019 physician-assisted suicide bill that the Arkansas Legislature defeated.
- A number of medical conditions could be considered “terminal illnesses” under this bill.
- Under these bills, Arkansans may never see a physician when making critical end-of-life decisions. They could die without ever seeing a physician.
- Under H.B. 1686, patients may not work with a physician when completing a Physician Order for Life-Sustaining Treatment form.
- H.B. 1686 strikes language in existing law clearly stating that a Physician Order for Life-Sustaining Treatment form is not intended to replace an advance directive.
Additional Points to Consider
- Arkansas has excellent laws that provide patients and their families with protection and assistance near the end of life. H.B. 1685 and H.B. 1686 weaken those good laws.
- These bills do not ensure that physician assistants and advance practice registered nurses have the training or the experience to assist patients and their families with end-of-life decisions.
- It is inappropriate for healthcare professionals other than physicians to complete a Physician Order for Life Sustaining Treatment form with a patient.
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