1-1 By: Madla S.B. No. 497
1-2 (In the Senate - Filed February 7, 1995; February 8, 1995,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; February 22, 1995, reported favorably, as amended, by the
1-5 following vote: Yeas 8, Nays 0; February 22, 1995, sent to
1-6 printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Madla
1-8 Amend S. B. No. 497 by adding new Section 2 to read as follows and
1-9 renumber subsequent sections accordingly:
1-10 SECTION 2. Section 672.004, Health and Safety code, is
1-11 amended to read as follows:
1-12 Sec. 672.004. Form of Written Directive. A written
1-13 directive may be in the following form:
1-14 "DIRECTIVE TO PHYSICIANS
1-15 "Directive made this __________ day of __________ (month,
1-16 year).
1-17 "I __________, being of sound mind, wilfully and voluntarily
1-18 make known my desire that my life shall not be artificially
1-19 prolonged under the circumstances set forth in this directive.
1-20 "1. If at any time I should have an incurable or irreversible
1-21 condition caused by injury, disease, or illness certified to be a
1-22 terminal condition by ___________(number) physician(s) <two
1-23 physicians>, and if the application of life-sustaining procedures
1-24 would serve only to artificially postpone the moment of my death,
1-25 and if my attending physician determines that my death is imminent
1-26 or will result within a relatively short time without the
1-27 application of life-sustaining procedures, I direct that those
1-28 procedures be withheld or withdrawn, and that I be permitted to die
1-29 naturally.
1-30 "2. In the absence of my ability to give directions regarding
1-31 the use of those life-sustaining procedures, it is my intention
1-32 that this directive be honored by my family and physicians as the
1-33 final expression of my legal right to refuse medical or surgical
1-34 treatment and accept the consequences from that refusal.
1-35 "3. If I have been diagnosed as pregnant and that diagnosis
1-36 is known to my physician, this directive has no effect during my
1-37 pregnancy.
1-38 "4. This directive is in effect until it is revoked.
1-39 "5. I understand the full import of this directive and I am
1-40 emotionally and mentally competent to make this directive.
1-41 "6. I understand that I may revoke this directive at any
1-42 time.
1-43 "Signed ______________________________
1-44 (City, County, and State of Residence)
1-45 I am not related to the declarant by blood or marriage. I
1-46 would not be entitled to any portion of the declarant's estate on
1-47 the declarant's death. I am not the attending physician of the
1-48 declarant or an employee of the attending physician. I am not a
1-49 patient in the health care facility in which the declarant is a
1-50 patient. I have no claim against any portion of the declarant's
1-51 estate on the declarant's death. Furthermore, if I am an employee
1-52 of a health facility in which the declarant is a patient, I am not
1-53 involved in providing direct patient care to the declarant and am
1-54 not directly involved in the financial affairs of the health
1-55 facility.
1-56 "Witness _____________________________
1-57 "Witness _____________________________"
1-58 A BILL TO BE ENTITLED
1-59 AN ACT
1-60 relating to qualified patients under the Natural Death Act.
1-61 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-62 SECTION 1. Subdivision (8), Section 672.002, Health and
1-63 Safety Code, is amended to read as follows:
1-64 (8) "Qualified patient" means a patient with a
1-65 terminal condition that has been diagnosed and certified in writing
1-66 by the attending physician <and one other physician> who has <have>
1-67 personally examined the patient.
1-68 SECTION 2. The importance of this legislation and the
2-1 crowded condition of the calendars in both houses create an
2-2 emergency and an imperative public necessity that the
2-3 constitutional rule requiring bills to be read on three several
2-4 days in each house be suspended, and this rule is hereby suspended.
2-5 * * * * *