Maine House Bill LD410

Maine 2025-2026 Regular Session

• Introduced: 2/4/25
• Refer: 2/4/25
• Failed: 3/20/25

Caption

An Act to Require Parental Consent to Withhold Life-sustaining Measures for a Minor or to Comply with a Do-not-resuscitate Order for a Minor

Impact

If enacted, LD410 would reshape the landscape of medical ethics in the state concerning minors. It would establish a legal framework ensuring that decisions regarding life-sustaining measures and resuscitation efforts are firmly in the hands of parents, thereby potentially reducing the discretion previously held by healthcare providers in these critical situations. The bill underscores the presumption that continuing life is in the best interest of minors, positioning parental authority as a vital component in life-and-death medical decisions. Furthermore, it stipulates that healthcare facilities must assist in transferring minors to different providers if such consent is revoked, thus enhancing parent rights regarding their children's healthcare.

Summary

LD410, titled 'An Act to Require Parental Consent to Withhold Life-sustaining Measures for a Minor or to Comply with a Do-not-resuscitate Order for a Minor', proposes significant changes regarding the rights of parents or legal guardians in relation to medical decisions affecting minors. The bill stipulates that healthcare practitioners and facilities cannot withhold life-sustaining measures or implement do-not-resuscitate orders for unemancipated minors without explicit written consent from a parent or legal guardian. This measure seeks to prioritize parental authority over healthcare decisions involving their children, especially in critical situations where life-sustaining treatments are at stake.

Sentiment

The sentiment surrounding LD410 appears to be highly polarized. Proponents argue that the bill reinstates parental rights and acknowledges the crucial role parents play in making medical decisions for their children. They view it as a necessary measure to ensure that no medical provider can override a parent's wishes regarding the care of their minor children without clear, informed consent. Conversely, opponents may express concerns about the potential implications this bill could have on the medical judgment of healthcare providers. There is anxiety that the bill might limit physicians’ ability to act swiftly in medically urgent situations, potentially compromising patient care in favor of procedural adherence to parental consent.

Contention

Key points of contention revolve around the balance of authority between medical professionals and parents. Supporters of LD410 assert that parents should have the ultimate authority in decisions regarding their child's life, reflecting the respect for family autonomy. On the other hand, critics argue that absolute parental control over life-sustaining measures could lead to situations where medical practitioners may be unable to act in the best interests of the minor if a parent’s decisions are not aligned with medical guidance. Additionally, the bill has raised discussions about the importance of timely medical interventions in emergencies against the necessity to respect parental wishes, reflecting a broader conflict in healthcare ethics over who should have the final say in critical medical decisions.