Ming Chuan University Department of Criminal Justice

Associate Professor Wang Gwo-Jyh published the und public opinion forum: The Patient Right to Autonomy Act half set on t	2019/1/16

The "Patient Right to Autonomy Act" was officially launched on the 6th, but it was not in place. Suggestions for improvement were made here: First, the written change to the current willingness to give priority: Health and Welfare Department announced in October last year, the implementation of the provisions of Article 8 of the provisions, the willingness to withdraw or change the advance medical decision, the medical institution should express it in accordance with its written meaning. At present, the Health and Welfare Department has not announced the "Measures for the Determination of Pre-determined Medical Treatments", and has not referred to the recording flexibility method of the oral dictation of the civil law, and the draft amendment to the Civil Law "to use wills, writings, recordings, recordings of audio and video or other means to confirm the true meaning of the heirs". And the method of writing a will or dictating a will "all should be recorded or recorded." Legislation should not be limited to the rigid rules of written change. Article 8 of the Implementing Rules shall be amended: When the clinical meaning of the willing person is inconsistent with the medical insurance card pre-determined medical decision note, the medical institution shall maintain life-sustaining treatment before the willing person withdraws or changes. If the willing person chooses not to accept life-sustaining treatment and is inconsistent with the advance medical decision note, the physician should still follow the original advance medical decision note before the withdrawal or change procedure is completed. The medical institution shall terminate the withdrawal or not to implement life-sustaining treatment after the withdrawal or change procedure takes effect. The medical institution or the family of the patient shall bear the burden of proof for the facts expressed. 2. Article 14 (5) of this Law is a legislative error: a Dutch nursing home doctor was prosecuted for euthanasia for an elderly woman with dementia. This is the first case since the Netherlands was legally euthanasia in 2002. When the prosecution stated in the statement that the doctor had performed euthanasia on the patient, he was "not careful" and had "crossed the line". This case will lead to doubts about whether the medical staff in China will have legal problems in the future. Article 14 (5) of this Law stipulates that “a medical institution or a physician shall terminate, withdraw or refrain from performing all or one of life-sustaining treatment or artificial nutrition and fluid feeding in accordance with this Article, and shall not be liable for criminal or administrative responsibility; The damage shall not be liable for compensation except for intentional or gross negligence and violation of the patient's advance medical decision." This requirement is a legislative error. Medical institutions or physicians should comply with this law to comply with the law. It shall not be criminal, administrative or civil liability for the medical institution or physician to perform business in accordance with the provisions of this article. In addition to deliberate or gross negligence and violation of the patient's advance medical decision, the legal liability is assumed. 3. The list of major diseases of the first paragraph of Article 14 of this Law has not yet been announced: such as cerebellar atrophy, gradual freezing and multiple sclerosis, etc., but not included in the scope of this law, so many The patient was disappointed. Although the Health and Welfare Department said that it is expected to announce one by one within six months, the bill has been announced for three years now, and it is obvious that the Health and Welfare Department has not been in place.



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