Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 75(R)

SENATE BILL 972

SENATE AUTHOR: Harris et al.

EFFECTIVE: 9-1-97

HOUSE SPONSOR: Coleman

            Senate Bill 972 amends the Civil Practice and Remedies Code to authorize an adult who is not incapacitated to execute a declaration to specify preferences or instructions for mental health treatment. A declaration is effective on execution and expires on the third anniversary of its execution or when revoked by the principal. A physician or other health care provider is required to act in accordance with the declaration when the principal is incapacitated, and a provider is not subject to civil liability for an act done in good faith under the terms of a declaration. Provision is made for withdrawal from service of a physician or other provider who is unwilling to comply with a declaration, and a care provider is authorized to disregard a declaration under certain circumstances. A health or residential care provider, health care service plan, insurer issuing disability insurance, self-insured employee benefit plan, or nonprofit hospital service plan is prohibited from specified forms of discrimination relating to execution of a declaration.