「裁判所の命令なしに成長制限しない」との約束はここにある
こちらがWPASの調査報告書から
病院が裁判所の命令なしに成長を制限する医療介入を行わないことを明記した箇所。
病院が裁判所の命令なしに成長を制限する医療介入を行わないことを明記した箇所。
（「成長を抑制する医療介入」とは、
ホルモンによる身長抑制のみでなく
子宮摘出と乳房芽野切除も含む意）
ホルモンによる身長抑制のみでなく
子宮摘出と乳房芽野切除も含む意）
In order to ensure that a court order is obtained before a sterilization or growth-limiting growth-limiting medical intervention is preformed on an individual with a developmental disability, Children’s Hospital has entered into an agreement with WPAS to take the following steps:
A. Implementation of Policy and Procedure on Growth-Limiting Medical Interventions
Children’s will develop, adopt, and implement a policy prohibiting growth-limiting medical intervention for individuals with developmental disabilities unless Children’s has received a valid order from a court of competent jurisdiction, not subject to appeal, authorizing such intervention in a given specific case. In the event Children’s does receive such an order providing legal authorization for one or more growth-limiting medical interventions for an individual with a developmental disability, Children’s will in addition forward to its Ethics Committee for consideration any proposed use of such interventions. The Ethics Committee will review the proposed use and issue a report setting forth its recommendations regarding such interventions.
For purposes of this policy prohibiting growth-limiting medical interventions for individuals with developmental disabilities without a court order, the term “developmental disability” will have the definition set forth in federal law, 42 U.S. C. §15002(8)(A). A “growth-limiting medical intervention” means any medical intervention, including surgery or drug therapy, that alters or is intended to alter a patient’s potential for normed physical maturation. The policy will apply whenever a growth-limiting medical intervention for an individual with a developmental disability is sought by a parent, guardian, or other third party.
Investigative Report Regarding the “Ashley Treatment”
May 8, 2007, Washington Protection & Advocacy System, P.25
A. Implementation of Policy and Procedure on Growth-Limiting Medical Interventions
Children’s will develop, adopt, and implement a policy prohibiting growth-limiting medical intervention for individuals with developmental disabilities unless Children’s has received a valid order from a court of competent jurisdiction, not subject to appeal, authorizing such intervention in a given specific case. In the event Children’s does receive such an order providing legal authorization for one or more growth-limiting medical interventions for an individual with a developmental disability, Children’s will in addition forward to its Ethics Committee for consideration any proposed use of such interventions. The Ethics Committee will review the proposed use and issue a report setting forth its recommendations regarding such interventions.
For purposes of this policy prohibiting growth-limiting medical interventions for individuals with developmental disabilities without a court order, the term “developmental disability” will have the definition set forth in federal law, 42 U.S. C. §15002(8)(A). A “growth-limiting medical intervention” means any medical intervention, including surgery or drug therapy, that alters or is intended to alter a patient’s potential for normed physical maturation. The policy will apply whenever a growth-limiting medical intervention for an individual with a developmental disability is sought by a parent, guardian, or other third party.
Investigative Report Regarding the “Ashley Treatment”
May 8, 2007, Washington Protection & Advocacy System, P.25
それから、こちらが病院が同じく2007年5月8日に
子宮摘出の違法性を認めた記者会見で発表したプレスリリースの当該箇所。
子宮摘出の違法性を認めた記者会見で発表したプレスリリースの当該箇所。
We are working to introduce new safeguards so that something like this never happens again. These safeguards include:
・ Children's will require a court order for growth attenuation through hormon treatment, and for breast bud removal and/or hysterectomy when it involves a child with a developmental disability.
・ Children's will not schedule procedures either to attenuate growth or perform hysterectomy or breast bud removal in children with developmental disabilities without review and approval from Children's legal counsel, who will assure a court order is obtained before allowing a procedure to be scheduled.
・ Children's will appoint someone with a disability rights perspective as a full member of the Hospital's Ethics Committee, and will require committee review and guidance when a court order has been obtained by parents.
・ Children's will require a court order for growth attenuation through hormon treatment, and for breast bud removal and/or hysterectomy when it involves a child with a developmental disability.
・ Children's will not schedule procedures either to attenuate growth or perform hysterectomy or breast bud removal in children with developmental disabilities without review and approval from Children's legal counsel, who will assure a court order is obtained before allowing a procedure to be scheduled.
・ Children's will appoint someone with a disability rights perspective as a full member of the Hospital's Ethics Committee, and will require committee review and guidance when a court order has been obtained by parents.
この報告書を書いたWPASの弁護士Carlson氏は
「成長抑制療法は裁判所の命令なしに倫理委の検討で認めてもよい」とする今回の
成長抑制ワーキング・グループに入っていたのだから
「成長抑制療法は裁判所の命令なしに倫理委の検討で認めてもよい」とする今回の
成長抑制ワーキング・グループに入っていたのだから
Carlson氏も子ども病院も共に
この転換はきちんと説明する義務があると思う。
この転換はきちんと説明する義務があると思う。
