Thaddeus Mason Pope
thaddeuspope.bsky.social
Thaddeus Mason Pope
@thaddeuspope.bsky.social
Law professor & bioethicist www.thaddeuspope.com
Unrepresented Patients - Virginia Addresses Decision Making Process
Virginia has just introduced S.B. 71 to address decision making for unrepresented patients. The bill would amend the default surrogate statute as follows:  If none of the persons listed in subdivisions 3 through 7 are reasonably available, health care decisions may be made by a patient care consulting committee, as defined in § 54.1-2982, of the facility where the patient is receiving health care. The patient care consulting committee shall function strictly as the patient's advocate, shall not include as a member any person on the patient's treatment team, nor shall it represent the interests of the health care facility. The committee's findings or recommendations shall reflect consensus reached at a meeting with a quorum present and shall be documented. In all circumstances, decision-making shall conform to the standards established in subsection B of § 54.1-2986.1 and be made in a manner described as follows: a. The committee shall authorize a plan of care or goals of care, and the attending physician shall update the committee as appropriate and consistent with standards of medical practice. b. Subsequent interventions that, either by law or by facility policy, require signed consent may be authorized by the patient care consulting committee or, if authorization is needed before the committee can next reasonably reconvene, then by agreement that the intervention is consistent with the authorized plan or goals of care between the attending physician and either a second physician, nurse practitioner, physician assistant, or ethics officer who is not a member of the patient's primary treatment team, does not serve in a capacity of decision-making, influence, or responsibility over the attending physician, and is not under the attending physician's decision-making, influence, or responsibility; and the committee shall be notified promptly. c. A decision to withhold or withdraw life-sustaining treatment or a life-prolonging procedure may be made only by agreement among the patient care consulting committee, the attending physician, and either a second physician, nurse practitioner, physician assistant, or ethics officer who is not a member of the patient's primary treatment team, does not serve in a capacity of decision-making, influence, or responsibility over the attending physician, and is not under the attending physician's decision-making, influence, or responsibility. d. Nothing in this subdivision shall limit the authority of the attending physician or other members of the health care team to intervene in an emergency, where intervention is needed immediately to prevent death or serious injury, consistent with the plan or goals of care established by the patient care consulting committee or on behalf of a patient for whom the committee has not yet met. When health care decisions are made under subdivision 8, the facility shall continue good faith efforts to identify and locate a person in a preceding level of priority. No individual serving on a facility's patient care consulting committee shall be subject to criminal prosecution or civil liability for any act or omission done or made in good faith in the performance of such functions. ----------------------------------------------------------------------- Notably, Virginia already defined "patient care consulting committee" - shall consist of five individuals, including at least one physician, one person licensed or holding a multistate licensure privilege under Chapter 30 (§ 54.1-3000 et seq.) to practice professional nursing, and one individual responsible for the provision of social services to patients of the facility. At least one committee member shall have experience in clinical ethics and at least two committee members shall have no employment or contractual relationship with the facility or any involvement in the management, operations, or governance of the facility, other than serving on the patient care consulting committee. A patient care consulting committee may be organized as a subcommittee of a standing ethics or other committee established by the facility or may be a separate and distinct committee. Four members of the patient care consulting committee shall constitute a quorum of the patient care consulting committee.
dlvr.it
December 25, 2025 at 7:55 AM
Unrepresented Patients - Virginia Addresses Decision Making Process
Virginia has just introduced S.B. 71 to address decision making for unrepresented patients. The bill would amend the default surrogate statute as follows:  If none of the persons listed in subdivisions 3 through 7 are reasonably available, health care decisions may be made by a patient care consulting committee, as defined in § 54.1-2982, of the facility where the patient is receiving health care. The patient care consulting committee shall function strictly as the patient's advocate, shall not include as a member any person on the patient's treatment team, nor shall it represent the interests of the health care facility. The committee's findings or recommendations shall reflect consensus reached at a meeting with a quorum present and shall be documented. In all circumstances, decision-making shall conform to the standards established in subsection B of § 54.1-2986.1 and be made in a manner described as follows: a. The committee shall authorize a plan of care or goals of care, and the attending physician shall update the committee as appropriate and consistent with standards of medical practice. b. Subsequent interventions that, either by law or by facility policy, require signed consent may be authorized by the patient care consulting committee or, if authorization is needed before the committee can next reasonably reconvene, then by agreement that the intervention is consistent with the authorized plan or goals of care between the attending physician and either a second physician, nurse practitioner, physician assistant, or ethics officer who is not a member of the patient's primary treatment team, does not serve in a capacity of decision-making, influence, or responsibility over the attending physician, and is not under the attending physician's decision-making, influence, or responsibility; and the committee shall be notified promptly. c. A decision to withhold or withdraw life-sustaining treatment or a life-prolonging procedure may be made only by agreement among the patient care consulting committee, the attending physician, and either a second physician, nurse practitioner, physician assistant, or ethics officer who is not a member of the patient's primary treatment team, does not serve in a capacity of decision-making, influence, or responsibility over the attending physician, and is not under the attending physician's decision-making, influence, or responsibility. d. Nothing in this subdivision shall limit the authority of the attending physician or other members of the health care team to intervene in an emergency, where intervention is needed immediately to prevent death or serious injury, consistent with the plan or goals of care established by the patient care consulting committee or on behalf of a patient for whom the committee has not yet met. When health care decisions are made under subdivision 8, the facility shall continue good faith efforts to identify and locate a person in a preceding level of priority. No individual serving on a facility's patient care consulting committee shall be subject to criminal prosecution or civil liability for any act or omission done or made in good faith in the performance of such functions. ----------------------------------------------------------------------- Notably, Virginia already defined "patient care consulting committee" - shall consist of five individuals, including at least one physician, one person licensed or holding a multistate licensure privilege under Chapter 30 (§ 54.1-3000 et seq.) to practice professional nursing, and one individual responsible for the provision of social services to patients of the facility. At least one committee member shall have experience in clinical ethics and at least two committee members shall have no employment or contractual relationship with the facility or any involvement in the management, operations, or governance of the facility, other than serving on the patient care consulting committee. A patient care consulting committee may be organized as a subcommittee of a standing ethics or other committee established by the facility or may be a separate and distinct committee. Four members of the patient care consulting committee shall constitute a quorum of the patient care consulting committee.
dlvr.it
December 23, 2025 at 7:53 AM
Unrepresented Patients - Virginia Addresses Decision Making Process
Virginia has just introduced S.B. 71 to address decision making for unrepresented patients. The bill would amend the default surrogate statute as follows:  If none of the persons listed in subdivisions 3 through 7 are reasonably available, health care decisions may be made by a patient care consulting committee, as defined in § 54.1-2982, of the facility where the patient is receiving health care. The patient care consulting committee shall function strictly as the patient's advocate, shall not include as a member any person on the patient's treatment team, nor shall it represent the interests of the health care facility. The committee's findings or recommendations shall reflect consensus reached at a meeting with a quorum present and shall be documented. In all circumstances, decision-making shall conform to the standards established in subsection B of § 54.1-2986.1 and be made in a manner described as follows: a. The committee shall authorize a plan of care or goals of care, and the attending physician shall update the committee as appropriate and consistent with standards of medical practice. b. Subsequent interventions that, either by law or by facility policy, require signed consent may be authorized by the patient care consulting committee or, if authorization is needed before the committee can next reasonably reconvene, then by agreement that the intervention is consistent with the authorized plan or goals of care between the attending physician and either a second physician, nurse practitioner, physician assistant, or ethics officer who is not a member of the patient's primary treatment team, does not serve in a capacity of decision-making, influence, or responsibility over the attending physician, and is not under the attending physician's decision-making, influence, or responsibility; and the committee shall be notified promptly. c. A decision to withhold or withdraw life-sustaining treatment or a life-prolonging procedure may be made only by agreement among the patient care consulting committee, the attending physician, and either a second physician, nurse practitioner, physician assistant, or ethics officer who is not a member of the patient's primary treatment team, does not serve in a capacity of decision-making, influence, or responsibility over the attending physician, and is not under the attending physician's decision-making, influence, or responsibility. d. Nothing in this subdivision shall limit the authority of the attending physician or other members of the health care team to intervene in an emergency, where intervention is needed immediately to prevent death or serious injury, consistent with the plan or goals of care established by the patient care consulting committee or on behalf of a patient for whom the committee has not yet met. When health care decisions are made under subdivision 8, the facility shall continue good faith efforts to identify and locate a person in a preceding level of priority. No individual serving on a facility's patient care consulting committee shall be subject to criminal prosecution or civil liability for any act or omission done or made in good faith in the performance of such functions. ----------------------------------------------------------------------- Notably, Virginia already defined "patient care consulting committee" - shall consist of five individuals, including at least one physician, one person licensed or holding a multistate licensure privilege under Chapter 30 (§ 54.1-3000 et seq.) to practice professional nursing, and one individual responsible for the provision of social services to patients of the facility. At least one committee member shall have experience in clinical ethics and at least two committee members shall have no employment or contractual relationship with the facility or any involvement in the management, operations, or governance of the facility, other than serving on the patient care consulting committee. A patient care consulting committee may be organized as a subcommittee of a standing ethics or other committee established by the facility or may be a separate and distinct committee. Four members of the patient care consulting committee shall constitute a quorum of the patient care consulting committee.
dlvr.it
December 22, 2025 at 7:52 AM
End-of-Life Law - 2-Day Intensive Course
Queen’s Law is offering a two-day intensive, next month, for all professionals on legal readiness in life’s final stages. Here is the course outline: Long-Term Care Worries * Situating Long-Term Care and Home Care in the Canadian Health Care System * Long-Term Care and the Canada Health Act * Financing and Regulation of Long-Term Care * Navigating Care Options (e.g., long-term care facilities, home care, palliative care, hospice care)  Withdrawing Treatment  * When and Why Treatment May Be Withheld or Withdrawn * Consent, Capacity and Substitute Decision-Making * The Impact of Rasouli * Conflicts Between Patient Autonomy and Clinical Judgment MAiD (Abridged)  * History of MAiD * Current law * Eligibility Criteria and Procedural Safeguards * Individual Conscientious Objection * Comparisons with Other Jurisdictions * Data on Who is Requesting/Accessing MAiD Advance Care Planning  * The Importance of ACP * Legal Framework for ACP in Canada * Advance Directives; Substitute/Surrogate Decision-Making * Legal Requirements for Validity * Disputes and Litigation Examples * Ethical and Cultural Considerations Organ Donation   * Organ donation * Opt-in vs Opt-Out Systems for Organ Donation Palliative Care  * Core Principles and Goals of Palliative Care * When to Introduce Palliative Care * Communication and Goals-of-Care Conversations * Non-MAiD potentially life-shortening interventions * Palliative Sedation * Voluntary Stopping of Eating and Drinking (VSED)
dlvr.it
December 19, 2025 at 8:03 AM