Bill Title: Medical Autonomy Act
Purpose: To prevent medical authorities from reporting patients and families to Child Protective Services (CPS) and Adult Protective Services (APS) in order to force medical compliance in cases where families or individuals refuse specific medical treatments due to valid concerns over potential harm, medical side effects, or disability rights considerations.
This Act ensures the right to informed consent, enhances transparency and accountability in healthcare decisions, and promotes the protection of disability rights.
Section 1.
Findings and Purpose
(a) Findings:
Individuals and families have the fundamental right to make informed medical decisions, including the right to refuse specific treatments that may present risks or unnecessary side effects.
Disability rights must be respected in medical decisions, ensuring that individuals with disabilities are not subjected to unwanted or unnecessary treatment.
Excessive intervention by CPS or APS in enforcing specific treatments against the wishes of the individual or family may lead to physical, emotional, and psychological harm.
A fair process that includes the input of medical professionals and respects diverse medical opinions is essential to protect patients and prevent malpractice.
(b) Purpose:
To protect patients’ and families’ rights to make informed healthcare decisions without undue government intervention and to establish mechanisms for accountability and respect for disability rights.
Section 2.
Right to Informed Consent and Refusal of Treatment (a) Informed Consent Patients, or their legal guardians, have the right to be fully informed about the risks, benefits, and alternatives to any proposed medical treatment.
CPS and APS agencies must provide documented evidence, including medical opinions from at least two licensed specialists outside the initial treating institution, supporting the necessity of any treatment in question before enforcing compliance.
(b) Refusal of Treatment Individuals and families have the right to refuse treatments that present unnecessary risks or side effects, especially when:
The treatment carries significant side effects that may harm the patient.
There is a reasonable alternative that is less invasive or risky.
The patient or guardian has obtained credible alternative medical opinions suggesting non-treatment or alternative treatments.
Section 3.
Disability Rights Clause
(a) Protection Against Discriminatory Practices Individuals with disabilities have the right to refuse treatments without fear of discrimination, coercion, or undue pressure from CPS, APS, or healthcare providers. CPS and APS must consider accommodations for individuals with disabilities and recognize their unique medical needs or treatment preferences, ensuring these individuals are not subjected to unnecessary or harmful interventions.
(b) Access to Disability Advocacy Patients with disabilities and their families have the right to a disability advocate during any proceedings involving CPS or APS intervention regarding medical decisions.
The advocate shall ensure that the rights and preferences of the disabled individual are respected and that all treatment options, including alternatives and the choice to refuse treatment, are fairly considered.
Section 4.
Transparency and Accountability in Healthcare Decisions
(a) Documentation of Medical Opinions Before enforcing a treatment plan over a family’s objections, CPS and APS must document at least two separate evaluations by independent medical professionals who confirm the medical necessity of the proposed treatment.
These medical opinions must be made accessible to the patient or guardian, with full transparency and sufficient time for review.
(b) Patient Rights in Cases of Disputed Diagnosis In cases where the diagnosis is disputed, patients have the right to request additional diagnostic tests or seek alternative opinions from out-of-network specialists at state expense if deemed medically valid by an independent review board.
State and local agencies must maintain a list of qualified, impartial specialists who are available to consult in cases where there are significant concerns about misdiagnosis or unnecessary treatment.
Section 5.
Limitations on Forced Treatment
(a) Prohibition on Forced Treatment Without Due Process CPS and APS cannot mandate treatments solely based on the opinion of a single physician or agency.
Forced treatments must be approved by a judicial body after a full evidentiary hearing in which the patient’s and family’s rights to autonomy, alternative opinions, and least-restrictive options are considered.
(b) Emergency Exemptions In true life-threatening emergencies, treatments may proceed under standard emergency consent protocols. However, CPS or APS must still provide thorough post-treatment documentation to justify the emergency intervention.
Section 6.
Penalties and Remedies for Malpractice
(a) Civil Remedies for Malpractice Patients or their families may seek civil remedies, including damages and injunctive relief, if a CPS- or APS-enforced treatment leads to unnecessary harm due to lack of due process or failure to consider alternative treatments.
Families may also seek disciplinary action against any medical providers who engage in unethical practices to coerce or mislead patients into unwanted treatments.
(b) Penalties for Non-Compliance by CPS or APS CPS and APS agents who coerce or pressure patients into treatments without following the protocols outlined in this Act may face disciplinary actions, including suspension, termination, or civil penalties. State agencies must conduct annual reviews of all cases involving enforced medical treatments to ensure compliance and transparency.
Section 7.
Implementation and Effective Date This Act shall take effect 180 days after its enactment to allow for proper training of CPS and APS personnel on the new requirements and ensure that the public is informed of the rights protected under this legislation.
The Department of Health and Human Services, in consultation with disability rights organizations, will be responsible for developing regulations and guidance to implement this Act.
Section 8.
Severability If any provision of this Act is found to be unconstitutional or invalid, the remaining provisions shall remain in effect to the fullest extent possible.