SRC-JFA H.B. 723 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 723
By: Dukes (Wentworth)
Health & Human Services
5-15-97
Engrossed


DIGEST 

Hysterectomies are a controversial medical procedure that may eventually
affect one out of every three women in this country.  There is support for
a patient's consent and full understanding of the consequences of a
hysterectomy.  This bill would require the Medical Disclosure Panel to
adopt a specific form with disclosures and warnings for hysterectomies.   

PURPOSE

As proposed, H.B. 723 requires the Medical Disclosure Panel to adopt a
specific form with disclosures and warnings for hysterectomies.   

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 4590i, V.T.C.S. (Medical Liability and Insurance
Improvement Act of Texas), by adding Section 6.08, as follows: 

Sec. 6.08.  INFORMED CONSENT FOR HYSTERECTOMIES.  (a)  Requires the
Medical Disclosure Panel (panel) to develop and prepare written materials
to inform a patient or person authorized to consent for a patient of the
risks and hazards of a hysterectomy and the availability of alternatives
to a hysterectomy.   

(b)  Requires the materials to be available in English, Spanish, and any
other language the panel considers appropriate.  Requires the information
to be presented in a manner understandable to a layperson.   

(c)  Sets forth the required information to be included in the materials.  

(d)  Requires the physician or health care provider to obtain informed
consent under this section and Section 6.04 of this Act from the patient
or person authorized to consent for the patient before performing a
hysterectomy unless the hysterectomy is performed in a life-threatening
situation in which the physician determines obtaining informed consent is
not reasonably possible.  Requires the physician or health care provider,
if obtaining informed consent is not reasonably possible, to include in
the patient's medical records a written statement signed by the physician
certifying the nature of the emergency.   

(e)  Prohibits the panel from prescribing materials under this section
without the approval of the Texas State Board of Medical Examiners.  

SECTION 2. (a)  Effective date: September 1, 1997.

(b)  Requires the panel to prescribe the form and consent of the materials
required to be distributed under Section 6.08, Medical Liability and
Insurance Improvement Act of Texas (Article 4590i, V.T.C.S.), as added by
this Act, by January 1, 1998.  

 (c)  Provides that this Act applies only to a hysterectomy that is
performed at least 90 days after the date that notice of the adoption of
the initial form and content of the materials required to be distributed
under Section 6.08, Medical Liability and Insurance Improvement Act of
Texas (Article 4590i, V.T.C.S.), as added by this Act, is published in the
Texas Register.   

SECTION 3. Emergency clause.