The Patient Autonomy Act (病人自主權利法), which gives adult patients the right to create advance healthcare directives (AHD) regarding their preferences for medical care in the event they are rendered incapable of making such decisions, was passed by the Legislative Yuan late on Friday night.
The main focus of the legislation is to allow people with full capacity for civil conduct to create an AHD — a legal document stipulating their decisions regarding treatment they would want or not want to receive if unable to communicate their wishes — through advance healthcare consultation with physicians.
The Ministry of Health and Welfare said it was the first patient self-determination legislation passed among Asian nations, which should be a significant improvement for patients’ rights, and is to come into effect three years from now.
Photo: Chen Chih-chu, Taipei Times
In the meantime, the ministry plans to launch a pilot program and gather medical professionals to discuss the details of the act.
The legislation stipulates that before a decision can be reflected on a person’s National Health Insurance card — officially validating their AHD — the person must accept advance healthcare consultation services provided by healthcare facilities and obtain the notarized signatures of two witnesses with full capacity for civil conduct and the medical professionals on the consultation team recorded in the AHD.
Five incapacitating medical conditions can trigger the use of an AHD: a terminal disease prognosis; an irreversible coma; a permanent vegetative state; severe dementia; and government-stipulated medical conditions that result in unbearable pain or are incurable diseases with no alternative treatment.
Photo: Chen Chih-chu, Taipei Times
At least two physicians specializing in the exhibited condition and a palliative care team must confirm the condition before the AHD goes into effect.
To protect healthcare professionals that might be worried about the law, the ministry said the act stipulates that healthcare facilities or physicians can choose not to enforce the AHD based on their professional opinion, and those who terminate treatment or life-sustaining measures in accordance with an AHD would not bear criminal or civil liabilities.
In addition, the law stipulates that a patient’s family members cannot interfere with treatment provided in accordance with an AHD, the ministry said.
Chinese Nationalist Party (KMT) Legislator Yang Yu-hsin (楊玉欣), who proposed the legislation, said the act protects patients’ right to know, choose and refuse medical treatment, but does not validate euthanasia, because medical professionals are still prohibited from providing substances that would kill a patient.
While patients often need family members to consent to medical treatment in their stead, the act allows unmarried people, same-sex couples and people without families to commission an individual they trust to provide guidance on their wishes in extreme situations.
However, the opinions of healthcare professionals regarding the act are polarized, said Taiwan Medical Association director-general and KMT Legislator Su Ching-chuan (蘇清泉), who urged the ministry to discuss the details of AHD enforcement rules with specialists before the act goes into effect.
RETHINK? The defense ministry and Navy Command Headquarters could take over the indigenous submarine project and change its production timeline, a source said Admiral Huang Shu-kuang’s (黃曙光) resignation as head of the Indigenous Submarine Program and as a member of the National Security Council could affect the production of submarines, a source said yesterday. Huang in a statement last night said he had decided to resign due to national security concerns while expressing the hope that it would put a stop to political wrangling that only undermines the advancement of the nation’s defense capabilities. Taiwan People’s Party Legislator Vivian Huang (黃珊珊) yesterday said that the admiral, her older brother, felt it was time for him to step down and that he had completed what he
Taiwan has experienced its most significant improvement in the QS World University Rankings by Subject, data provided on Sunday by international higher education analyst Quacquarelli Symonds (QS) showed. Compared with last year’s edition of the rankings, which measure academic excellence and influence, Taiwanese universities made great improvements in the H Index metric, which evaluates research productivity and its impact, with a notable 30 percent increase overall, QS said. Taiwanese universities also made notable progress in the Citations per Paper metric, which measures the impact of research, achieving a 13 percent increase. Taiwanese universities gained 10 percent in Academic Reputation, but declined 18 percent
UNDER DISCUSSION: The combatant command would integrate fast attack boat and anti-ship missile groups to defend waters closest to the coastline, a source said The military could establish a new combatant command as early as 2026, which would be tasked with defending Taiwan’s territorial waters 24 nautical miles (44.4km) from the nation’s coastline, a source familiar with the matter said yesterday. The new command, which would fall under the Naval Command Headquarters, would be led by a vice admiral and integrate existing fast attack boat and anti-ship missile groups, along with the Naval Maritime Surveillance and Reconnaissance Command, said the source, who asked to remain anonymous. It could be launched by 2026, but details are being discussed and no final timetable has been announced, the source
SHOT IN THE ARM: The new system can be integrated with Avenger and Stinger missiles to bolster regional air defense capabilities, a defense ministry report said Domestically developed Land Sword II (陸射劍二) missiles were successfully launched and hit target drones during a live-fire exercise at the Jiupeng Military Base in Pingtung County yesterday. The missiles, developed by the Chungshan Institute of Science and Technology (CSIST), were originally scheduled to launch on Tuesday last week, after the Tomb Sweeping Day holiday long weekend, but were postponed to yesterday due to weather conditions. Local residents and military enthusiasts gathered outside the base to watch the missile tests, with the first one launching at 9:10am. The Land Sword II system, which is derived from the Sky Sword II (天劍二) series, was turned