BILL ANALYSIS



S.B. 497
By: Madla (Rodriguez, Naishtat)
05-09-95
Committee Report (Unamended)


BACKGROUND

The Texas Natural Death Act was passed in the late 1980s,
concurrent with the Federal Advance Directives legislation.
Together these Acts created Texas' position on providing the right
to die to terminally ill individuals. Texas law requires two
physicians to certify that an individual is indeed terminally ill
before the individual's directives can be rendered. This two-physician clause may cause difficulty for these individuals,
particularly in rural areas where access to any physician may be
limited.

PURPOSE

S.B. 497 would redefine "qualified patient" to mean a patient who
has been diagnosed by one attending physician, rather than two
physicians, and would authorize a written directive by one or more
physicians rather than two.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 672.002(8), Health and Safety Code, to
redefine "qualified patient" to mean a patient with a terminal
condition who has been diagnosed by the attending physician, rather
than the attending physician and one other physician.

SECTION 2. Amends Section 672.004, Health and Safety Code, to
authorize a written directive to physicians to include
certification of the terminal illness by a number of physicians to
be filled in by the patient, rather than the deleted two
physicians.

SECTION 3. Emergency clause.
           
SUMMARY OF COMMITTEE ACTION

S.B. 497 was considered by the Public Health Committee in a public
hearing on May 9, 1995.

The following person testified in favor of the bill:
Randal T. Boston, representing self and Keystone Home Health
Management, Inc.

The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed, by a record vote of
5 AYES, 0 NAYS, 0 PNV, and 4 ABSENT.