75R9790 SKB-D
By Dukes, Danburg, Palmer, McClendon, H.B. No. 723
Thompson, et al.
Substitute the following for H.B. No. 723:
By Berlanga C.S.H.B. No. 723
A BILL TO BE ENTITLED
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 and the availability of alternatives
1-12 to a hysterectomy.
1-13 (b) The materials shall be available in English, Spanish,
1-14 and any other language the panel considers appropriate. The
1-15 information must be presented in a manner understandable to a
1-16 layperson.
1-17 (c) The materials must include:
1-18 (1) a notice that a decision made at any time to
1-19 refuse to undergo a hysterectomy will not result in the withdrawal
1-20 or withholding of any benefits provided by programs or projects
1-21 receiving federal funds or otherwise affect the patient's right to
1-22 future care or treatment;
1-23 (2) the name of the person providing and explaining
1-24 the materials;
2-1 (3) a statement that the patient or person authorized
2-2 to consent for the patient understands that the hysterectomy is
2-3 permanent and nonreversible and that the patient will not be able
2-4 to become pregnant or bear children if she undergoes a
2-5 hysterectomy;
2-6 (4) a statement that the patient has the right to seek
2-7 a consultation from a second physician;
2-8 (5) a statement that the patient or person authorized
2-9 to consent for the patient has been informed that a hysterectomy is
2-10 a removal of the uterus through an incision in the lower abdomen or
2-11 vagina and that additional surgery may be necessary to remove or
2-12 repair other organs, including an ovary, tube, appendix, bladder,
2-13 rectum, or vagina;
2-14 (6) blank spaces to list the procedures to be
2-15 performed;
2-16 (7) a statement that the patient or person authorized
2-17 to consent for the patient was informed of available and medically
2-18 appropriate alternatives and blank spaces to list the alternatives;
2-19 (8) a description of the discomforts and risks that
2-20 may accompany or follow the performance of the procedure;
2-21 (9) a description of the risks, hazards, and potential
2-22 side effects of any anesthetic to be used;
2-23 (10) a blank space to indicate the approximate length
2-24 of hospital stay and time of recovery;
2-25 (11) a statement of the physician's fee and other
2-26 related costs; and
2-27 (12) a written statement to be signed by the patient
3-1 or person authorized to consent for the patient indicating that the
3-2 materials have been provided and explained to the patient or person
3-3 authorized to consent for the patient and that the patient or
3-4 person authorized to consent for the patient understands the nature
3-5 and consequences of a hysterectomy.
3-6 (d) The physician or health care provider shall obtain
3-7 informed consent under this section and Section 6.04 of this Act
3-8 from the patient or person authorized to consent for the patient
3-9 before performing a hysterectomy unless the hysterectomy is
3-10 performed in a life-threatening situation in which the physician
3-11 determines obtaining informed consent is not reasonably possible.
3-12 If obtaining informed consent is not reasonably possible, the
3-13 physician or health care provider shall include in the patient's
3-14 medical records a written statement signed by the physician
3-15 certifying the nature of the emergency.
3-16 (e) The panel may not prescribe materials under this section
3-17 without the approval of the Texas State Board of Medical Examiners.
3-18 SECTION 2. (a) This Act takes effect September 1, 1997.
3-19 (b) The Texas Medical Disclosure Panel shall prescribe the
3-20 form and content of the materials required to be distributed under
3-21 Section 6.08, Medical Liability and Insurance Improvement Act of
3-22 Texas (Article 4590i, Vernon's Texas Civil Statutes), as added by
3-23 this Act, not later than January 1, 1998.
3-24 (c) This Act applies only to a hysterectomy that is
3-25 performed at least 90 days after the date that notice of the
3-26 adoption of the initial form and content of the materials required
3-27 to be distributed under Section 6.08, Medical Liability and
4-1 Insurance Improvement Act of Texas (Article 4590i, Vernon's Texas
4-2 Civil Statutes), as added by this Act, is published in the Texas
4-3 Register.
4-4 SECTION 3. The importance of this legislation and the
4-5 crowded condition of the calendars in both houses create an
4-6 emergency and an imperative public necessity that the
4-7 constitutional rule requiring bills to be read on three several
4-8 days in each house be suspended, and this rule is hereby suspended.