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4/21/2004 Vol. 1, No. 6

Professional Practice
 

The Rev. Martha R. Jacobs on the importance of Advance Directives


The Importance of Advance Directives

Terry Schiavo has been in a coma (some say a persistent vegetative state) in a Florida nursing home, brain damaged and supported by a feeding tube, since 1990. Her case has created a level of awareness in the U.S. not seen since the celebrated cases of Karen Ann Quinlin and Nancy Cruzan first raised the consciousness of the need for advance directives. As the United States Supreme Court ruled in 1990, individuals have a right to self-determination, but they need to tell someone what their wishes are before they become incapacitated. Most states responded by allowing the creation of Living Wills, documents in which individuals can stipulate what medical treatment they want or do not want to receive.

My experience is that in most cases, unfortunately, the provisions of a Living Will do not cover every contingency. They have sometimes been overruled by ethics boards when the patient did not clearly state his or her wishes in a particular situation, such as when not to resuscitate. Or, families and/or medical care givers resist carrying out the patient’s wishes as stated in a Living Will. In New York and Missouri, the standard is higher than a Living Will in that you must actually name someone to make your healthcare decisions for you. This “Health Care Proxy,” only takes effect if the person cannot make decisions for him/herself. Even if not required by law, I believe more patients should name a Health Care Proxy, and take the time to discuss with that person their wishes regarding resuscitation, artificial hydration and nutrition, respirators, and other life-prolonging treatment. This removes the ambiguity surrounding a Living Will and gives one person—who knows the patient’s wishes—complete legal authority in medical decision making.

The problem with all of these directives is that most people do not want to talk about the possibility that they might die. Some people think that when they sign a Living Will or a proxy that they are “jinxing” themselves and that they surely will die soon. Not to make light of this thinking, but each of us is going to die at some point in our life. Further, death is rarely spoken about, even from the pulpit. This shows a lack of clarity even for clergy on this issue. Imagine how our congregants must feel about this when we, who are supposed to have a “closer” relationship with G-d, can’t even talk about death, other than on Good Friday (if then).

As a chaplain I am often puzzled by the desire of people to stay alive for as long as possible. Is it the fear of death? Is it the fear of not knowing whether or not they will go to heaven? The paradox for me is that some people say that when it is their time, “G-d will take them.” Being hooked up to machinery that prolongs ones life, in my opinion, is not letting “G-d take them.” People want to hold out for miracles. Miracles happen with and without respirators. If we believe in G-d and, for some religions, some sort of life after death, then why are we afraid to die? Our bodies, which I believe were created by G-d, were not created to live forever; our bodies deteriorate and so do our minds. We were clearly not created to outlive our physical bodies.

It is a real quandary for me as a chaplain. I have been trained to put my own views aside when families are looking for guidance. I often watch families struggle with trying to make decisions for their loved one who is clearly dying, having never had a conversation about what their loved one wanted. It makes me wonder if we are really helping humanity with all of the mechanical means we have for keeping people alive, sometimes well beyond even what is humane.

I know that there is no easy solution to this dilemma. As long as people feel the need to live longer and longer and are fearful of death, this will continue. Our role as spiritual care givers should be to help individuals accept, if not embrace, the idea that eventually they will die. Naturally, as chaplains we need to have accepted that for ourselves as well. We need to speak out in our hospitals, nursing homes, pulpits, and our personal lives to ensure that people complete advance directives so that their wishes can be honored at the end of life. Families deserve to savor any remaining time with their loved one and not spend that precious time fighting over whether or not to prolong life by artificial means.


The Rev. Martha R. Jacobs, BCC, is the Managing Editor of PlainViews. She is an APC Board Certified Chaplain and is currently pursuing her doctorate of ministry, focusing on the attitudes of clergy around death and dying.

Advocacy
   

Chaplain Jane Mather on HIPAA and Empowering the Patient

HIPAA – Empowering the Patient


Recently the enactment of the new HIPAA* regulations with regard to privacy have added an extra and troubling burden to the delivery of spiritual care. Those compelled to implement the privacy laws struggle to reconcile the conflicting obligations of providing patients with access to spiritual care while simultaneously protecting their right to confidentiality.

There are numerous places where the concerns about HIPAA have been carefully explained and the various “rules” and “players” defined. The negative ramifications of HIPAA are frequently documented, not just by those involved in the effort to deliver spiritual care, (who seem to have taken a heavy hit by the changes brought about by HIPAA) but by many others impacted by the cumbersome changes. There are still misinterpretations of HIPAA being applied in healthcare facilities that impinge on the rights of patients, clergy, and chaplains, and those still need to be addressed. This short essay should not be seen as an effort to negate those concerns, but rather to offer another perspective.

The intention for HIPAA has been to insure privacy for each person rendered vulnerable to unwarranted exposure by either well-meaning or unscrupulous practices involving patient information. Implementation of these protective changes has shaken up the way things “had always been done” with and for patients. The results have been somewhat disorienting, but change is almost always disorienting. If that inherent discomfort were removed from the equation, HIPAA – as it relates to spiritual care services – is actually all about empowering, not just protecting patients. The new rules return to patients the right to take charge in a way and at a time when there is very little autonomy allotted them! What “had always been done” involved clergy having the freedom to visit patients without patients having the opportunity to gracefully decline. There were many scenarios in which the pastor/patient visit in the hospital proved awkward and disquieting for patients, but since the rules of the hospital and the rules of pastoral propriety favored visitation, patients had little choice.

In the hospital setting, patients are accustomed to sacrificing their right to making small choices once they’re admitted. Other than what to have for breakfast and the right to leave without being treated, patients have few opportunities to exercise autonomy or control (and sometimes even breakfast is prescribed). Consequently, the lack of autonomy with regard to a pastoral visit was consistent with the rest of the hospitalization. Spiritual care was provided during clergy visits, so both clergy and hospital had fulfilled their obligations, but at what cost? The new changes may result in the loss of unsolicited, but possibly salutary pastoral contact, but the reward is that HIPAA returns some modicum of autonomy to the patient during their care.

If HIPAA were fully understood, supported and implemented, pastoral visits would still occur – but as a result of the patient’s request and at a time of his or her choosing. Rather than pastors, priests, and rabbis routinely initiating visits to very sick patients – patients who may or may not be comfortable while under-dressed, over-medicated, or following embarrassing surgeries – clergy can now respond to the parishioners' defined needs and at a time when they might really be open to the spiritual content of the visit.

It seems to me that patients’ being empowered to say when and whether to be visited by their clergy has a distinctly positive, even spiritual value – a reminder that despite whatever physical vulnerability brought them into the hospital, they are still able to exercise functional free will and moral agency. Empowerment strengthens overall outcomes and the conscious involvement patients take in their own healing processes. It may be a stretch to attach such lofty results to HIPAA’s convoluted legalistic rhetoric, but each time I distill it down I’m left with the same basic answer – HIPAA’s shift in control from the hospital and the pastor to the patient has the potential to be a good thing!

* The U.S. Health Insurance and Portability Act (HIPAA) which took effect in April 2003 established privacy standards that provide patients with access to their medical records and more control over how their personal health information is used and disclosed. For more information visit http://www.os.dhhs.gov/news/facts/privacy.html


Chaplain Jane Mather, a member of the PlainViews Advisory Board, is director of pastoral care at Winthrop-University Hospital, a HealthCare Chaplaincy partner institution. Seeking a more diverse ministry, Chaplain Mather came to New York from Spokane, Washington, where she last served as manager of pastoral services for Empire Health Services, a two-hospital, 475-bed system serving two trauma centers. A Roman Catholic lay person, Chaplain Mather is a member of several professional organizations including the National Association of Catholic Chaplains and the Association of Clinical Pastoral Education.

Education & Research
   

Imam Ramadan Zakat writes about his pilgrimage from CPE student to CPE supervisor

My CPE Pilgrimage—From Student to Supervisor

As an imam, spirituality has always been a big part of my life. But my pilgrimage into CPE began when my cousin Donald died from AIDS in 1996. I needed some answers and, at the time, just reading scripture was not enough. I was also working part-time as a security guard for Rap stars, a bail enforcer, and an alcoholism counselor. After my cousin died, I talked to friends. One of them told me about CPE. He said it would force me to confront my deepest emotions.

When I enrolled in CPE, I thought I was there to learn to teach patients religion. I approached the process as a doer rather than a learner. But I soon I opened my mind to being a student, and I began to realize it was a very different experience, one I knew I needed.

Intense daily interactions with others in the hospital raised personal questions: How do I understand God to work in the world? What family traits, what old hurts do I bring to my ministerial relationship? How is my past repeated in the present? How easy is it for me to accept criticism? Eight months after my cousin’s death, I was working on an HIV/AIDS unit (a placement I chose), and constantly dealing with my own emotions.

I worked with five wonderful CPE supervisors at The HealthCare Chaplaincy who, each through their own gifts, helped me to learn from my emotional reactions and to grow in my ministry. They changed my life and my work so much, that it inspired me to think about becoming a CPE supervisor myself. The Prophet Mohammed spoke very highly of teaching— it’s an obligation in Islam, to teach all people, even those outside the Muslim religion. I enjoy helping people explore; I learn from the students as much as they learn from me.

There are only two board certified Muslim chaplains in the world—myself and Al Hajji Yusuf Hasan. There are no Muslim supervisors. My becoming certified will help me to attract more Muslims and African Americans to the field of CPE. The ideas used in CPE are often foreign to many African Americans who do not readily talk about their feelings openly. But I believe they will be receptive with the right kind of education. CPE encourages people to speak honestly about what they’re feeling, and through that process become more able to be present for others.

This September I was granted candidacy status by the ACPE Eastern Region Certification Committee to become a CPE supervisor— a difficult challenge. I couldn’t have done it alone; the support I received from my supervisors and colleagues are what made this first step possible. I am the first Muslim to take this path. Anytime anyone takes a new course, there will be bumps and bruises. But because of where this path leads – for me and for my community – there is no question that I will stay the course. And I know my friends and colleagues will be there to help.


Imam Ramadan Zakat is a supervisory resident at Beth Israel Medical Center, a HealthCare Chaplaincy partner institution. He was granted candidacy status by the ACPE Eastern Region Certification Committee and, when fully certified, will be the first Muslim CPE supervisor in the world.

Spiritual Development
   
Vicki Polin, MA on remembering to exhale

Remembering To Exhale


Don't you just hate it when you're upset, and someone tells you to take a deep breath and exhale? I know for myself that used to be the last thing I wanted to hear. I remember thinking yeah right, what is breathing going to do! But, remembering to breathe is just one of the many things we can do when we're feeling badly. I've learned that if I don't exhale, I begin to lose control of my life. By just remembering to breathe in — and OUT — I can do just about anything.

When we are surprised, shocked, panicked, stressed, or have flashbacks — we automatically inhale fast and deep, but usually forget to exhale. After several years of keeping our breath inside, our feelings also build up and we begin to feel stuck. When this happens we begin to feel like we can't do anything.

Why is it so important to breathe? When you stop breathing, your brain stops receiving oxygen. When that happens, you can't think clearly, and you can't solve problems. I know for myself when I can't solve problems I start to feel stuck, helpless, unable to move beyond the point that I'm at.

If you stop and think about it there are several types of breathing. One is the kind women learn in Lamaze classes. They teach mothers-to-be to reduce labor pains, with two short breaths out, and one long, deep breath in. Remember, the key concept to relieving pain is breathing out. This is true for both physical and emotional pain.

When we are about to take a test at school, for a job, confront someone about something that bothers us, we may take a deep breath in, but how many of us remember to let it go? I wonder how many deep breaths are stuck inside each and every one of us. How many of the feelings attached to those breaths are also stuck inside us? I also wonder how many of us develop stress-related illnesses because we forget to let go of our breath. Breathing in and out can help us think more clearly, and alleviate stress and anxiety. Paying attention to our breath can also help bring us back to the here and now, when we are having flashbacks, or when we are frightened by a memory and/or thought.

I think the two most important things about breathing is that we all know how to do it, and it’s free. You don't have visit the doctor to get a prescription to breathe. We are born already knowing how and when to breathe. I've never heard of anyone overdosing from taking slow, long, deep breaths and then exhaling slowly. I don't think I've ever heard of anyone dying from it either. So the next time someone reminds you to breathe, remember he or she is trying to help you learn to live.


Vicki Polin is the executive director of The Awareness Center - The International Jewish Coalition Against Sexual Abuse/Assault (JCASA). For more information visit http://www.TheAwarenessCenter.org

© Vicki Polin, MA, ATR, LCPC





spacer 4/21/2004 Vol. 1, No. 6
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Professional Practice
The Rev. Martha R. Jacobs: The Importance of Advance Directives
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Advocacy
Chaplain Jane Mather: HIPAA – Empowering the Patient
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Education & Research
Imam Ramadan Zakat: My CPE Pilgrimage – From Student to Supervisor
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Spiritual Development
Vicki Polin, MA: Remembering to Exhale
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