A few days ago, the tenth meeting of the Standing Committee of the Seventh Shenzhen Municipal People's Congress voted and passed the revised draft of the "Shenzhen Special Economic Zone Medical Regulations". For the first time in the country, the patient's "end-of-life decision right"-living wills was written into local regulations.
The "Shenzhen Special Economic Zone Medical Regulations" came into force on January 1, 2017, and the revision five years later is described as version 2.0, which will take effect on January 1, 2023.
Shenzhen's newly revised "Medical Regulations" set special provisions for "living wills". According to Article 78:
When receiving a living will from a patient or his close relatives that meets the following conditions, the medical institution shall respect the patient's will when implementing medical measures at the end of the patient's incurable injury or illness or when he is dying:
(1) There is a clear statement of intention to take or not to take intubation, cardiopulmonary resuscitation and other traumatic rescue measures, to use or not to use a life support system, and to perform or not to perform continuous treatment of the primary disease;
(2) Notarized or witnessed by two or more witnesses, and the witnesses must not be medical and health personnel involved in the treatment of patients;
(3) In the form of writing or audio and video recording, unless notarized, if the written form is used, the testator and the witnesses should sign and indicate the time; if the audio and video recording method is used, the testator and the witnesses should be recorded. The name or likeness of the witness and the time.
"Living Will" has legal effect and patients can make arrangements in advance
Yesterday (5th), the Shenzhen Municipal People's Congress held a law interpretation meeting to publicly interpret the revised "Shenzhen Special Economic Zone Medical Regulations" for the first time, and responded to hot spots such as "living wills".
Lin Zhengmao, Deputy Director of the Legal Affairs Committee of the Standing Committee of the Shenzhen Municipal People's Congress: There are three points worth noting: First, special emphasis is placed on patients at the end of an incurable injury or death.
"This is a medical judgment, not what I think or what others think, but a medical judgment made by a medical institution." Second, whether to take any kind of medical measures does not mean that no medical measures are taken.
"It is actually limited to taking or not taking traumatic rescue measures such as intubation and cardiac resuscitation, using or not using life support systems, and carrying out or not carrying out continuous treatment of the primary disease." Third, for patients' Living wills should be respected by medical institutions.
"It does not mean that it must be executed according to the will. First of all, the patient may go back on the will. At this time, withdrawing the original decision is also respecting his intention." or with the consent of their close relatives.
A Living Will is a document that people sign in advance, when they are conscious, about what kind of medical care is required or not required at the end of an incurable injury or death.
This new regulation is a great boon for dying patients who cannot bear the pain of excessive rescue.
When various catheters are inserted into the patient's body, the patient loses the opportunity to speak and communicate, and it is almost impossible to express his thoughts. Even if the patient is in great pain due to excessive rescue, he can only passively endure it until the end of his life.
With a living will, it is different. Patients can make arrangements in advance whether to adopt traumatic rescue measures such as intubation and cardiopulmonary resuscitation, and whether to use a life support system.
Moreover, this living will has legal effect, and there is no need to worry that doctors and family members will change it at will.
A problem that has long plagued the families of dying patients is also expected to be resolved from now on.