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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 88(R)

House Bill 3162

House Author:  Klick et al.

Effective:  9-1-23

Senate Sponsor:  Springer et al.


            House Bill 3162 amends the Health and Safety Code to revise provisions of the Advance Directives Act relating to procedures with respect to directives to physicians, reporting requirements, and do‑not‑resuscitate (DNR) orders and provisions of the Consent to Medical Treatment Act. Among other provisions, the bill does the following:

·        requires physicians to perform certain procedures to facilitate the transfer of certain patients to another physician or health care facility;

·        sets out requirements for ethics or medical committees that review a physician's refusal to honor an advance directive or health care or treatment decision made by or on behalf of certain patients;

·        extends the minimum notice that must be provided to a patient's medical decision‑makers of such a meeting and sets out decision‑makers' rights with respect to the meeting;

·        extends the period during which life‑sustaining treatment must be provided if the committee and the attending physician agree that such treatment is medically inappropriate;

·        prohibits disabilities from being considered by the ethics or medical committee unless the disability is relevant in determining the medical appropriateness of certain interventions;

·        creates a reporting mechanism at the Health and Human Services Commission regarding ethics or medical committee processes;

·        revises general procedures and requirements for DNR orders; and

·        revises the procedure for obtaining consent for medical treatment through an adult surrogate of certain individuals.