SRC-AAA H.B. 880 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 880
By: Reyna, Arthur (Luna)
Jurisprudence
4-24-97
Engrossed


DIGEST 

Currently, there are two types of living wills and advanced directives in
Texas, directive to physicians and a durable power of attorney for health
care.  Current law establishes different witness qualifications for each
type of directive and provides unnecessary requirements which undermine
the patient-physician confidentiality.  This bill conforms witness
qualifications for a directive to physicians and a durable power of
attorney for health care into a standard qualification and removes the
witness requirement from situations in which a physician-family decision
is being made without an already existing patient directive.  

PURPOSE

As proposed, H.B. 880 conforms witness qualifications for a directive to
physicians and a durable power of attorney for health care into a standard
qualification and removes the witness requirement from situations in which
a physician-family decision is being made without an already existing
patient directive.  

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 Section 672.003(c), Health and Safety Code, to prohibit
a witness from being a person designated by a declarant to make a
treatment decision; or an officer, director, partner, or business office
employee of the health care facility, or of any parent organization of the
health care facility, rather than an employee directly involved in the
financial affairs of the facility, and a person who at the time a written
directive is executed or if the directive is a nonwritten directive issued
under Section 672.005, at the time the nonwritten directive is issued.
Deletes existing Subdivision (6). Makes conforming changes. 

SECTION 2. Amends Section 672.004, Health and Safety Code, to provide the
form of a written directive. 

SECTION 3. Amends Sections 672.009(d) and (e), Health and Safety Code, to
require a treatment decision made under Subsection (b) to be documented in
the patient's medical record and signed by the attending physician, rather
than made in the presence of certain persons. Requires a treatment
decision to be witnessed by another physician who is not involved in the
treatment of the patient, if the patient does not have a legal guardian
and a person listed in Subsection (b) is not available.. Makes a
conforming change. 

SECTION 4. Effective date: January 1, 1998.
   Makes application of this Act prospective.

SECTION 5. Emergency clause.