UNDER THE DOME

Dying with the one you love

By Tony Giampetruzzi

It’s a true story that has played itself out over and over again. A man or woman is in critical care and life signs are not good. In the hospital waiting room is the person’s partner, not allowed to visit his or her ailing partner because hospitals are explicit about their visitation policies — immediate family members or spouses only. Whether or not tragedy ensues, the anxiety, anger, and pain experienced from such a common scenario can be mind-bending.

That’s why LD 1560, An Act to Allow Patients to Identify Visitors, sponsored by Representative Lawrence Bliss (D-South Portland) is so important, says David Garrity, president of the Maine Lesbian and Gay Political Alliance. The bill, which Garrity says will “sail through the legislature,” will be taken-up by the Health and Human Services Committee this week.

“Let’s face it. Most hospitals are fairly liberal when it comes to general visitation, but when someone is in a critical care unit, they strictly hold to an ‘immediate family only’ policy,” said Garrity. “You would not believe some of the true stories of people who have been denied access to their life partner during the last few minutes of their lives. This bill will allow people to specify who is allowed to visit them.”

Garrity explains that LD 1560 is similar to domestic partner legislation in that it affects a wide range of people, including the elderly, and not just same-sex couples. “Some older people live together for years for social security issues or what have you,” said Garrity. “Even then, the hospitals are rigid. Blood relative, spouse, or no one at all.”

Garrity, who will testifiy in support of the bill on Monday, has some heavy hitters backing him up, including the Maine Chapter of the National Association of Social Workers, the Maine Nurses Association, and the Maine Medical Association.

“The patient should have every right to specify who is allowed to visit them because it’s the support and love from those who are the closest to you that actually provide the best care,” said Patricia Philbrook, executive director of the Maine Nurses Association. “They are the people who alleviate the most pain, so we think this is an excellent bill.”

There was initial opposition to the bill from the Maine Hospitals Association (MHA), until an 11th-hour deal was struck May 1 between the MHA, Bliss, other legislators, and the MLGPA, which actually broadened the language of the bill. Not only would it now remove all restrictions on visitiation, but it would also give patients the right to choose to reverse the situation and block family members from being admitted to their room.

The MHA originally wouldn’t support LD 1560, claiming it was unnecessary. They hoped to voluntarily change their own policies in time, but eventually saw the necessity of the bill.

Garrity says that people have waited long enough.

“This measure effectively says that the policy of restricting visitation to immediate family members is over, once and for all,” says Garrity. “Nonetheless, I would certainly recommend to any gay couple that they execute a medical power of attorney for each other just in case.”