By Combs H.B. No. 2135
74R5306 KLL-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the relief of pain of a terminally ill person.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2, Intractable Pain Treatment Act
1-5 (Article 4495c, Revised Statutes), is amended by adding Subdivision
1-6 (4) to read as follows:
1-7 (4) "Terminally ill person" means a person who has an
1-8 incurable illness, injury, disease, or disorder that is expected to
1-9 result in death, according to the medical judgment of the physician
1-10 who is responsible for the treatment of the person.
1-11 SECTION 2. The Intractable Pain Treatment Act (Article
1-12 4495c, Revised Statutes), is amended by adding Section 8 to read as
1-13 follows:
1-14 Sec. 8. REQUEST FOR RELIEF OF PAIN OF TERMINALLY ILL PERSON.
1-15 (a) On written request as provided by this section, a physician
1-16 who is responsible for the treatment of a terminally ill person may
1-17 prescribe or administer any kind or amount of drugs or controlled
1-18 substances to assure that the terminally ill person is pain-free
1-19 even though the prescription or administration of those drugs or
1-20 controlled substances may cause unconsciousness or may hasten the
1-21 moment of death of the terminally ill person.
1-22 (b) A written request made under this section must be signed
1-23 by one of the following:
1-24 (1) the terminally ill person;
2-1 (2) the terminally ill person's legal guardian or
2-2 conservator; or
2-3 (3) the terminally ill person's agent appointed under
2-4 a durable power of attorney for health care.
2-5 (c) A written request made under this section must be signed
2-6 in the presence of two witnesses who are:
2-7 (1) at least 18 years of age;
2-8 (2) not related to the terminally ill person by
2-9 consanguinity, affinity, or adoption;
2-10 (3) not providers of health care to the terminally ill
2-11 person or employees of such a health care provider; and
2-12 (4) not entitled to any part of the estate of the
2-13 terminally ill person under will or by operation of law.
2-14 (d) The two witnesses shall affix their signatures and
2-15 addresses to the written request made under this section.
2-16 (e) If a physician chooses to not comply with a written
2-17 request made under this section, the terminally ill person shall be
2-18 transferred to another physician if the transfer is requested by:
2-19 (1) the terminally ill person;
2-20 (2) the terminally ill person's legal guardian or
2-21 conservator; or
2-22 (3) the terminally ill person's agent appointed under
2-23 a durable power of attorney for health care.
2-24 (f) A physician who chooses to comply with the written
2-25 request made under this section is not criminally or civilly liable
2-26 under any provision of law and is not subject to disciplinary
2-27 action by the Texas State Board of Medical Examiners or any
3-1 professional association.
3-2 (g) A written request under this section must be in
3-3 substantially the following form:
3-4 "REQUEST FOR RELIEF OF PAIN
3-5 "To Dr. (Insert name of physician) :
3-6 "Under Article 4495c, Revised Statutes, this is a request
3-7 that you prescribe or administer any kind or amount of drugs or
3-8 controlled substances to assure that (Insert name of terminally
3-9 ill person) is pain-free even though that treatment may cause
3-10 unconsciousness or may hasten the moment of death of this
3-11 terminally ill person.
3-12 "In complying with this request, you are not subject to
3-13 criminal or civil liability under any provision of law and you are
3-14 not subject to disciplinary action by the Texas State Board of
3-15 Medical Examiners or any professional association.
3-16 "STATEMENT AND SIGNATURE OF PERSON MAKING THIS REQUEST
3-17 "I am making this request as: (check one)
3-18 ( ) the above-named person.
3-19 ( ) the above-named person's legal guardian or conservator.
3-20 ( ) the above-named person's agent appointed under a Durable Power
3-21 of Attorney for Health Care that is in effect.
3-22 Signature _________________________________ Date signed ___________
3-23 "STATEMENT AND SIGNATURES OF WITNESSES
3-24 "I declare under penalty of perjury that this request was
3-25 signed by the above person in my presence. I declare that I am at
3-26 least 18 years of age; I am not related to the terminally ill
3-27 person by consanguinity, affinity, or adoption; I am not a provider
4-1 of health care to the terminally ill person or an employee of such
4-2 a health care provider; and I am not entitled to any part of the
4-3 estate of the terminally ill person under will or by operation of
4-4 law.
4-5 Witness Signature ___________________ Date signed _____
4-6 Print Name ____________________________________________
4-7 Address _______________________________________________
4-8 Witness Signature ___________________ Date signed _____
4-9 Print Name ____________________________________________
4-10 Address ______________________________________________"
4-11 SECTION 3. The importance of this legislation and the
4-12 crowded condition of the calendars in both houses create an
4-13 emergency and an imperative public necessity that the
4-14 constitutional rule requiring bills to be read on three several
4-15 days in each house be suspended, and this rule is hereby suspended,
4-16 and that this Act take effect and be in force from and after its
4-17 passage, and it is so enacted.