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.