By Hirschi                                            H.B. No. 1907
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the rights of citizens to be allowed to die by natural
    1-3  means.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 672.001, Health and Safety Code, is
    1-6  amended to read as follows:
    1-7        Sec. 672.001.  SHORT TITLE; PURPOSES.  (a)  This chapter may
    1-8  be cited as the Texas Natural Death Act.
    1-9        (b)  This Act recognizes the right of individuals to make
   1-10  decisions regarding their medical care, including the right to
   1-11  request or refuse the application of life-sustaining procedures in
   1-12  the event of a terminal condition, as defined in the Act.
   1-13        SECTION 2.  Section 672.002, Health and Safety Code, as
   1-14  amended by S.B. 404, Acts of the 72nd Legislature, Regular Session,
   1-15  1991, is amended by amending Subdivisions (6) and (9) and by adding
   1-16  Subdivisions (10) and(11) to read as follows:
   1-17        Sec. 672.002.  Definitions.  In this chapter:
   1-18              (6)  "Life-sustaining procedure" means a medical
   1-19  procedure or intervention which <that> uses mechanical or other
   1-20  artificial means to sustain, restore, or supplant a vital function,
   1-21  and which, when applied to a qualified patient, would serve <and>
   1-22  only to artificially postpone <postpones> the moment of death,
   1-23  when, as noted in the qualified patient's medical records, in the
    2-1  judgment of the attending physician, <of a patient in a terminal
    2-2  condition whose> death is imminent whether or not such procedures
    2-3  are utilized or will result within a relatively short time without
    2-4  the application of the procedure.  "Life-sustaining procedure"
    2-5  shall <The term does> not include the administration of medication
    2-6  or the performance of any <a> medical procedure deemed <considered
    2-7  to be> necessary to provide comfort or care or <to> alleviate pain.
    2-8  "Life-sustaining procedure" includes the administration of
    2-9  nutrition and hydration to the patient by mechanical or artificial
   2-10  means when, in the judgment of the attending physician, such
   2-11  administration is for the purpose of sustaining, supplanting or
   2-12  restoring a vital function.
   2-13              (9)  "Terminal condition" means an incurable or
   2-14  irreversible condition caused by injury, disease, or illness that
   2-15  <would produce death> without the application of life-sustaining
   2-16  procedures, would, within <according to> reasonable medical
   2-17  judgment, produce death, and in which the application of
   2-18  life-sustaining procedures serves only to postpone the moment of
   2-19  death of the patient <patient's death>.  The term "terminal
   2-20  condition" includes conditions referred to as a permanent
   2-21  unconsciousness and persistent vegatative state.
   2-22              (10)  "Nutrition and hydration" is defined as the
   2-23  artificial or mechanical means of supplying food and water through
   2-24  a tub or intravenous line, including but not limited to nasogastric
   2-25  tubes, gastrostomies, and intravenous infusions.  Nutrition and
    3-1  hydration by artificial or mechanical means does not include
    3-2  assisted feeding such as spoon or bottle feeding.
    3-3              (11)  "Directly involved in the financial affairs of
    3-4  the health facility" means serving as an officer, director,
    3-5  partner, or business office employee of the health facility or of
    3-6  any parent organization thereof.
    3-7        SECTION 3.  Section 672.003, Health and Safety Code, as
    3-8  amended by S.B. 404, Acts of the 72nd Legislature, Regular Session,
    3-9  1991, is amended by amending Subsections (a) and (c) and by adding
   3-10  Subsection (f) to read as follows:
   3-11        (a)  Any <A> competent adult may at any time execute a
   3-12  written directive for the withholding or withdrawal of
   3-13  life-sustaining procedures in the event of a terminal condition.
   3-14        (c)  A witness shall <may> not be:
   3-15              (1)  related to the declarant by blood or marriage;
   3-16              (2)  entitled to any portion <part> of the declarant's
   3-17  estate after the declarant's death under a will or codicil executed
   3-18  by the declarant or by operation of law;
   3-19              (3)  the attending physician;
   3-20              (4)  an employee of the attending physician;
   3-21              (5)  an employee of a health care facility in which the
   3-22  declarant is a patient if the employee is providing direct patient
   3-23  care to the declarant or is directly involved in the financial
   3-24  affairs of the facility;
   3-25              (6)  a patient in a health care facility in which the
    4-1  declarant is a patient; or
    4-2              (7)  any <a> person who<, at the time the directive is
    4-3  executed,> has a claim against any portion <part> of the
    4-4  <declarant's> estate of <after> the declarant on his decease at the
    4-5  time of the execution of the directive <declarant's death>.
    4-6        (f)  A directive made under this section, including the
    4-7  signature of the declarant and the signatures of the witnesses,
    4-8  need not be executed before a notary public in order to be legally
    4-9  effective, although a directive executed before a notary public is
   4-10  legally effective.  However, a physician, health care facility,
   4-11  health provider, or health care service plan may not require a
   4-12  declarant to execute or reexecute a written directive to physicians
   4-13  before a notary public before withholding or withdrawing
   4-14  life-sustaining procedures from a qualified patient.
   4-15        SECTION 4.  Section 672.004, Health and Safety Code, as
   4-16  amended by S.B. 404, Acts of the 72nd Legislature, Regular Session,
   4-17  1991, is amended to read as follows:
   4-18        Sec. 672.004.  Form of Written Directive.  A written
   4-19  directive may be in the following form:
   4-20                       "DIRECTIVE TO PHYSICIANS
   4-21        "Directive made this __________ day of __________, (month,
   4-22  year).
   4-23        "I __________, being of sound mind, wilfully and voluntarily
   4-24  make known my desire that my life shall not be artificially
   4-25  prolonged under the circumstances set forth in this directive and
    5-1  do hereby declare: <.>
    5-2        "1. If at any time I should have an incurable or irreversible
    5-3  condition caused by injury, disease, or illness certified to be a
    5-4  terminal condition by two physicians, and if the application of
    5-5  life-sustaining procedures would serve only to artificially
    5-6  postpone the moment of my death, and if my attending physician
    5-7  determines that my death is imminent or will result within a
    5-8  relatively short time without the application of life-sustaining
    5-9  procedures, I direct that such <those> procedures be withheld or
   5-10  withdrawn, and that I be permitted to die naturally.
   5-11        "2. In the absence of my ability to give directions regarding
   5-12  the use of those life-sustaining procedures, it is my intention
   5-13  that this directive be honored by my family and physicians as the
   5-14  final expression of my legal right to refuse medical or surgical
   5-15  treatment and accept the consequences from that refusal.
   5-16        "3. If I have been diagnosed as pregnant and that diagnosis
   5-17  is known to my physician, this directive has no effect during my
   5-18  pregnancy.
   5-19        "4. Other directions:__________________________
   5-20  _________________________.
   5-21        "5. This directive is in effect until it is revoked.
   5-22        "6 <5>. I understand the full import of this directive and I
   5-23  am emotionally and mentally competent to make this directive.
   5-24        "7 <6>. I understand that I may revoke this directive at any
   5-25  time.
    6-1                                         "Signed
    6-2                                                _____________________
    6-3                                         (City, County, and State of
    6-4  Residence)
    6-5  I am not related to the declarant by blood or marriage; nor <.  I>
    6-6  would I <not> be entitled to any portion of the declarant's estate
    6-7  on his decease; nor <the declarant's death.  I> am I <not> the
    6-8  attending physician of the declarant or an employee of the
    6-9  attending physician; nor am <.> I <am not> a patient in the health
   6-10  care facility in which the declarant is a patient or any person who
   6-11  has a <.  I have no> claim against any portion of the <declarant's>
   6-12  estate of <on> the declarant upon the declarant's death.
   6-13  Furthermore, if I am an employee of a health facility in which the
   6-14  declarant is a patient, I am not involved in providing direct
   6-15  patient care to the declarant and am not directly involved in the
   6-16  financial affairs of the health facility.
   6-17                                         "Witness  __________________
   6-18                                         "Witness
   6-19                                                 ___________________"
   6-20        SECTION 5.  Section 672.005, Health and Safety Code, is
   6-21  amended by adding Subsection (d) to read as follows:
   6-22        (d)  A nonwritten directive issued by a competent adult
   6-23  qualified patient under this section may include such other
   6-24  directions as those permitted by Section 672.003(d).
   6-25        SECTION 6.  Section 672.006, Health and Safety Code, is
    7-1  amended to read as follows:
    7-2        Sec. 672.006.  Execution of Directive on Behalf of Patient
    7-3  Younger Than 18 Years of Age.  (a)  The following persons may
    7-4  execute a directive on behalf of a qualified patient who is younger
    7-5  than 18 years of age:
    7-6              (1)  the patient's spouse, if the spouse is an adult;
    7-7              (2)  the patient's parents; or
    7-8              (3)  the patient's legal guardian.
    7-9        (b)  Directives under this section may be issued by either
   7-10  written or nonwritten means.  Written directives shall be executed
   7-11  in substantially the same form as that set out in Section 672.004
   7-12  and shall be witnessed by the persons who possess the same
   7-13  qualifications as those set out in Section 672.003.  Nonwritten
   7-14  directives shall be issued in accordance with Section 672.005.
   7-15        SECTION 7.  Subsection (a), Section 672.008, Health and
   7-16  Safety Code, is amended to read as follows:
   7-17        (a)  This section only applies when an adult qualified
   7-18  patient has executed or issued a directive and is comatose,
   7-19  incompetent, or otherwise mentally or physically incapable of
   7-20  communication.
   7-21        SECTION 8.  Subsections (a) and (b), Section 672.009, Health
   7-22  and Safety Code, are amended to read as follows:
   7-23        (a)  If an adult qualified patient has not executed or issued
   7-24  a directive and is comatose, incompetent, or otherwise mentally or
   7-25  physically incapable of communication, the attending physician and
    8-1  the patient's legal guardian may make a treatment decision that may
    8-2  include a decision to withhold or withdraw life-sustaining
    8-3  procedures from the patient.
    8-4        (b)  If the patient does not have a legal guardian, the
    8-5  attending physician and a person designated in writing by the
    8-6  patient to make treatment decisions may make a treatment decision
    8-7  that may include a decision to withhold or withdraw life-sustaining
    8-8  procedures from the patient.
    8-9        (c) <(b)>  If the patient does not have a legal guardian and
   8-10  has not designated another person to make treatment decisions, the
   8-11  attending physician and at least two other persons, if available,
   8-12  of the following categories, in the following priority, may make a
   8-13  treatment decision that may include a decision to withhold or
   8-14  withdraw life-sustaining procedures:
   8-15              (1)  the patient's spouse;
   8-16              (2)  a majority of the patient's reasonably available
   8-17  adult children;
   8-18              (3)  the patient's parents; or
   8-19              (4)  the patient's nearest living relative.
   8-20        SECTION 9.  Section 672.010, Health and Safety Code, is
   8-21  amended to read as follows:
   8-22        Section 672.010.  PATIENT CERTIFICATION AND PREREQUISITES FOR
   8-23  COMPLYING WITH DIRECTIVE.  (a)  If a patient has been diagnosed as
   8-24  having a terminal condition, as defined in this chapter, and the
   8-25  <An> attending physician <who> has been notified of the existence
    9-1  of a directive, the attending physician shall provide for the
    9-2  patient's <declarant's> certification as a qualified patient <on
    9-3  diagnosis of a terminal condition>.
    9-4        (b)  Before withholding or withdrawing life-sustaining
    9-5  procedures from a qualified patient under this chapter, the
    9-6  attending physician shall <must>:
    9-7              (1)  determine that the patient<'s> has a terminal
    9-8  condition, as defined in this chapter < death is imminent
    9-9  regardless of the application of life-sustaining procedures>;
   9-10              (2)  document <note> that determination in the
   9-11  patient's medical record; and
   9-12              (3)  determine that the <steps> proposed <to be taken
   9-13  are in> treatment decision is in accord with this chapter and the
   9-14  patient's existing desires.
   9-15        SECTION 10.  Section 672.015, Health and Safety Code, is
   9-16  amended by adding Subsection (d) to read as follows:
   9-17        (d)  A physician or a health professional acting under the
   9-18  direction of a physician, health care facility, health care
   9-19  professional, or health care service plan named as a defendant in
   9-20  any civil action filed as a result of causing life-sustaining
   9-21  procedures to be withheld or withdrawn from a qualified patient in
   9-22  accordance with this chapter may recover any defense costs,
   9-23  including court costs, attorney fees, and any damages incurred as a
   9-24  result of the civil action, if the plaintiff's original suit is
   9-25  determined to be frivolous or brought in bad faith.
   10-1        SECTION 11.  (a)  This Act takes effect September 1, 1991.
   10-2        (b)  A written directive that uses the form provided by
   10-3  Subsection (d), Section 3, Natural Death Act (Article 4590h,
   10-4  Vernon's Texas Civil Statutes), as amended by Section 2, Chapter
   10-5  674, Acts of the 71st Legislature, Regular Session, 1989, is not
   10-6  impaired in its validity, regardless of the date on which the
   10-7  directive is executed or the repeal of that subsection.
   10-8        SECTION 12.  The importance of this legislation and the
   10-9  crowded condition of the calendars in both houses create an
  10-10  emergency and an imperative public necessity that the
  10-11  constitutional rule requiring bills to be read on three several
  10-12  days in each house be suspended, and this rule is hereby suspended.