1-1 AN ACT
1-2 relating to informed consent before the performance of a
1-3 hysterectomy.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter F, Medical Liability and Insurance
1-6 Improvement Act of Texas (Article 4590i, Vernon's Texas Civil
1-7 Statutes), is amended by adding Section 6.08 to read as follows:
1-8 Sec. 6.08. INFORMED CONSENT FOR HYSTERECTOMIES. (a) The
1-9 panel shall develop and prepare written materials to inform a
1-10 patient or person authorized to consent for a patient of the risks
1-11 and hazards of a hysterectomy.
1-12 (b) The materials shall be available in English, Spanish,
1-13 and any other language the panel considers appropriate. The
1-14 information must be presented in a manner understandable to a
1-15 layperson.
1-16 (c) The materials must include:
1-17 (1) a notice that a decision made at any time to
1-18 refuse to undergo a hysterectomy will not result in the withdrawal
1-19 or withholding of any benefits provided by programs or projects
1-20 receiving federal funds or otherwise affect the patient's right to
1-21 future care or treatment;
1-22 (2) the name of the person providing and explaining
1-23 the materials;
1-24 (3) a statement that the patient or person authorized
2-1 to consent for the patient understands that the hysterectomy is
2-2 permanent and nonreversible and that the patient will not be able
2-3 to become pregnant or bear children if she undergoes a
2-4 hysterectomy;
2-5 (4) a statement that the patient has the right to seek
2-6 a consultation from a second physician;
2-7 (5) a statement that the patient or person authorized
2-8 to consent for the patient has been informed that a hysterectomy is
2-9 a removal of the uterus through an incision in the lower abdomen or
2-10 vagina and that additional surgery may be necessary to remove or
2-11 repair other organs, including an ovary, tube, appendix, bladder,
2-12 rectum, or vagina;
2-13 (6) a description of the risks and hazards involved in
2-14 the performance of the procedure; and
2-15 (7) a written statement to be signed by the patient or
2-16 person authorized to consent for the patient indicating that the
2-17 materials have been provided and explained to the patient or person
2-18 authorized to consent for the patient and that the patient or
2-19 person authorized to consent for the patient understands the nature
2-20 and consequences of a hysterectomy.
2-21 (d) The physician or health care provider shall obtain
2-22 informed consent under this section and Section 6.05 of this Act
2-23 from the patient or person authorized to consent for the patient
2-24 before performing a hysterectomy unless the hysterectomy is
2-25 performed in a life-threatening situation in which the physician
2-26 determines obtaining informed consent is not reasonably possible.
2-27 If obtaining informed consent is not reasonably possible, the
3-1 physician or health care provider shall include in the patient's
3-2 medical records a written statement signed by the physician
3-3 certifying the nature of the emergency.
3-4 (e) The panel may not prescribe materials under this section
3-5 without first consulting with the Texas State Board of Medical
3-6 Examiners.
3-7 SECTION 2. (a) This Act takes effect September 1, 1997.
3-8 (b) The Texas Medical Disclosure Panel shall prescribe the
3-9 form and content of the materials required to be distributed under
3-10 Section 6.08, Medical Liability and Insurance Improvement Act of
3-11 Texas (Article 4590i, Vernon's Texas Civil Statutes), as added by
3-12 this Act, not later than January 1, 1998.
3-13 (c) This Act applies only to a hysterectomy that is
3-14 performed at least 90 days after the date that notice of the
3-15 adoption of the initial form and content of the materials required
3-16 to be distributed under Section 6.08, Medical Liability and
3-17 Insurance Improvement Act of Texas (Article 4590i, Vernon's Texas
3-18 Civil Statutes), as added by this Act, is published in the Texas
3-19 Register.
3-20 SECTION 3. The importance of this legislation and the
3-21 crowded condition of the calendars in both houses create an
3-22 emergency and an imperative public necessity that the
3-23 constitutional rule requiring bills to be read on three several
3-24 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 723 was passed by the House on April
17, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 723 on May 28, 1997, by a non-record
vote; and that the House adopted H.C.R. No. 323 authorizing certain
corrections in H.B. No. 723 on May 31, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 723 was passed by the Senate, with
amendments, on May 26, 1997, by the following vote: Yeas 31, Nays
0; and that the Senate adopted H.C.R. No. 323 authorizing certain
corrections in H.B. No. 723 on June 1, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor