萬國法律事務所

The Health and Environment Committee of the Legislative Yuan reached the consensus to amend the Hospice Care Act. The amendment will grant doctors the power to withdraw the life-support equipment if all direct family members of the patient agree with the same and the ethical committee of the treatment hospital grants the approval. This amendment needs to be passed by the resolution of the Legislative Yuan before it will be officially promulgated and become effective.

Currently, a patient may sign the hospice care declaration to refuse having cardiopulmonary resuscitation (CPR) if two medical doctors give their diagnosis that the patient is in the last phase of his life. If the patient is not able to express his own will clearly, his family member may also agree not to use CPR before the medical doctors begin such procedure.

Withdrawing the life-support equipment is not a deliberate killing as euthanasia, sys the official of the Ministry of Health. In medical practice, according to the Ministry of Health, there are some patients who “survive” with the life support equipment though the body of the patient has revealed indications of death. After the amendment is passed, the direct family members of the patient will be allowed to make an informed decision to withdraw the life support equipment as well as rejecting the CPR procedure. However, for avoidance of doubt that the family members may use such procedure to “kill” the patient, the amendment requires that such withdrawal must, in addition to the determination of doctors and the agreement of patient’s family, be reviewed and approved by the ethical committee of the treatment hospital.