By: Barrientos S.B. No. 1301
A BILL TO BE ENTITLED
AN ACT
1-1 relating to a civil procedure to enable a competent person with a
1-2 terminal condition to die voluntarily with medical assistance.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. In this Act
1-5 (1) "Physician" means a physician licensed by the
1-6 Texas State Board of Medical Examiners or otherwise authorized to
1-7 practice medicine in Texas.
1-8 (2) "Health care provider" means an individual or
1-9 facility licensed, certified, or otherwise authorized to administer
1-10 health care, for profit or otherwise, in the ordinary course of
1-11 business or professional practice, and includes a physician.
1-12 (3) "Terminal condition" means an incurable or
1-13 irreversible condition caused by injury, disease, or illness, which
1-14 would, within reasonable medical judgment, produce death, and where
1-15 the application of medical treatment or life-sustaining procedures
1-16 serves only to postpone the moment of death of the patient.
1-17 (4) "Competent" means possessing the ability to
1-18 understand and appreciate the nature and consequences of a decision
1-19 to die voluntarily with medical assistance.
1-20 (5) "Petitioner" means a person who has petitioned a
1-21 Probate Court for permission to obtain medical assistance under
1-22 this Act or has obtained such permission by order of a Probate
1-23 Court.
2-1 SECTION 2. A competent person who has a terminal condition
2-2 may petition a Probate Court for permission to obtain medical
2-3 assistance to enable the petitioner to die voluntarily.
2-4 SECTION 3. A petition under this Act shall be signed by the
2-5 petitioner. If a petitioner is unable to sign the petition, an
2-6 attorney may sign the petition at the direction of the petitioner
2-7 and in the presence of the petitioner and a Notary Public who shall
2-8 certify that the petition was signed at the direction of the
2-9 petitioner.
2-10 SECTION 4. A petition under this Act shall be filed in a
2-11 Probate Court serving the county in which the petitioner is
2-12 located.
2-13 SECTION 5. A petition filed under this Act shall be
2-14 accompanied by signed and dated statements by two physicians
2-15 expressing that, in the physician's medical judgment, the
2-16 petitioner has a terminal condition.
2-17 SECTION 6. Within seven days immediately after the date on
2-18 which a petition is filed, the petitioner, if reasonably able,
2-19 shall appear before the Judge at a court hearing on the petition.
2-20 SECTION 7. If a petitioner is unable to attend a court
2-21 hearing on a petition, the Judge shall appoint an attorney to make
2-22 an investigation to determine whether:
2-23 (1) the petitioner voluntarily and without duress
2-24 signed the petition or directed that the petition be signed and
2-25 (2) the petitioner appears to understand and
3-1 appreciate the nature and consequences of the petitioner's decision
3-2 to file a petition under this Act.
3-3 The findings of the investigation shall be reported in
3-4 writing to the Judge and at a court hearing on the petition.
3-5 SECTION 8. At a court hearing on a petition, if a Judge
3-6 finds that:
3-7 (1) the petitioner voluntarily and without duress
3-8 signed the petition or directed that the petition be signed on the
3-9 petitioner's behalf; and
3-10 (2) the petitioner appears to understand and
3-11 appreciate the nature and consequences of the petitioner's decision
3-12 to file a petition under this Act; and
3-13 (3) the petitioner has a terminal condition, according
3-14 to the medical judgment of two physicians, the Judge shall issue a
3-15 court order authorizing any physician to administer lethal
3-16 medication or treatment at such time as determined by the
3-17 petitioner or at such time as determined by the petitioner's agent
3-18 if a durable power of attorney for health care becomes effective
3-19 after the date on which the court order is issued. The authority
3-20 granted by a court order shall have no expiration date.
3-21 SECTION 9. A petitioner, or a petitioner's agent with
3-22 durable power of attorney for health care, shall present a
3-23 court-certified copy of a court order authorizing medical
3-24 assistance under this Act whenever making a request to a physician
3-25 for such medical assistance.
4-1 SECTION 10. A physician receiving a request for medical
4-2 assistance under this Act may accept or reject the request. If a
4-3 request is rejected by any physician, the request may be made to
4-4 any other physician.
4-5 SECTION 11. A physician providing medical assistance to a
4-6 petitioner as authorized by a court order under this Act shall do
4-7 so in the presence of two witnesses who are at least 18 years of
4-8 age. A copy of the court order and the names of the two witnesses
4-9 shall be entered in the petitioner's medical record, along with the
4-10 name of the physician and the type of medical assistance
4-11 administered to the petitioner.
4-12 SECTION 12. No health care facility may discharge or refuse
4-13 to admit a petitioner under this Act for reason that a petition has
4-14 been filed or a court has authorized medical assistance under this
4-15 Act.
4-16 SECTION 13. A physician, health care facility, or other
4-17 health care provider, or anyone else shall not be subject to
4-18 criminal or civil liability and shall not be guilty of any
4-19 unprofessional conduct for any act or omission done in good faith
4-20 in accord with this Act or a court order issued under this Act.
4-21 SECTION 14. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended.