Natural Death Law in California

The California Natural Death Act ensures that those dying from terminal diseases cannot be forced to accept procedures that would prolong the dying process. The act, a result of medical advances that can sustain the lives of patients with chronic, non-reversible conditions, is an extension of a person's right to maintain control over her own body.

History

• California was the first state to pass a Natural Death Act. When the 1976 law took effect, there were already court cases in New Jersey and Missouri setting the same precedent. An era was dawning in which medicine and technology had outwitted Mother Nature, and as a result the basic, seemingly inherent right of individuals to control their own fates needed to be protected.

Function

• The purpose of the law was to put control of a patient's treatment back in the hands of the patient. It required doctors to discuss their intended treatment with the patient, along with the risks and benefits of the treatment. This, in turn, allowed the patient to make an informed decision about life-prolonging treatments that may add additional bed-ridden days to a terminal or permanently unconscious patient's life. Through a Living Will, a person could make these decisions in advance.

Changes

• California made changes to this law in 2000 when the Health Care Decisions Law was passed, replacing the Natural Death Act. This new law gives more weight to Advance Health Care Directives, the purpose of which is to allow a patient to make his wishes known in advance, even if, at the time of treatment, he is incapacitated for decision-making.

Advance Health Care Directive

• The California Medical Association, or CMA, recommends filing an Advance Health Care Directive, which allows you to choose your health care wishes in advance by filling out paperwork in a kit available from the CMA, which your doctor will then be legally bound to follow. While a living will only allows you to reject in advance treatment to prolong a terminal illness, an Advance Health Care Directive allows you to accept or deny certain forms of medical treatment under many circumstances. Alternatively, you can appoint an "agent" to make your health care decisions if you are unable.

Assisted Suicide

• Inevitably, the ability to accept or reject life-prolonging health care treatment in many instances leads to the question of whether or not a doctor can be permitted to help a patient terminate his life. Assisted suicide has been a controversial issue among medical professionals, the public and lawmakers in California as well as at the federal level. One country of note, the Netherlands, supports a policy allowing active euthanasia, which most of the world still looks at as a questionable example.