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House Bill 1128 |
House Author: Menendez |
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Effective: 9-1-11 |
Senate Sponsor: Van de Putte |
House Bill 1128 amends the Health and Safety Code to authorize an adult surrogate who meets certain criteria to consent to medical treatment on behalf of an adult inmate of a county or municipal jail if the inmate is comatose, incapacitated, or otherwise mentally or physically incapable of communication and establishes the maximum period of time for which the surrogate may consent to medical treatment on behalf of the inmate, after which only the patient or the patient's appointed guardian may consent to medical treatment. The bill prohibits the surrogate decision-maker from also consenting to psychotropic medication, involuntary inpatient mental health services, or psychiatric services calculated to restore competency to stand trial. The bill requires the attending physician of an adult inmate described above who is in need of medical treatment to describe in the patient's medical record the patient's inability to communicate and the proposed medical treatment.