By Dukes H.B. No. 723
75R392 MLR-D
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. Title 2, Health and Safety Code, is amended by
1-6 adding Subtitle I to read as follows:
1-7 SUBTITLE I. PERFORMANCE OF MEDICAL PROCEDURES
1-8 CHAPTER 173. HYSTERECTOMIES
1-9 Sec. 173.001. DEFINITION. In this chapter, "physician"
1-10 means a person licensed to practice medicine under the Medical
1-11 Practice Act (Article 4495b, Vernon's Texas Civil Statutes).
1-12 Sec. 173.002. INFORMED CONSENT REQUIRED. A physician may
1-13 not perform a hysterectomy on a patient unless the physician has
1-14 first obtained oral and written informed consent from the patient
1-15 or a person authorized to consent for the patient.
1-16 Sec. 173.003. EXCEPTION. Section 173.002 does not apply if
1-17 the hysterectomy is performed in a life-threatening situation in
1-18 which the physician determines prior informed consent is not
1-19 possible. In that case, a written statement signed by the
1-20 physician certifying the nature of the emergency must be included
1-21 in the patient's medical records.
1-22 Sec. 173.004. RULES GOVERNING INFORMED CONSENT PROCEDURES.
1-23 The board, with the advice of the Texas Medical Disclosure Panel,
1-24 shall adopt rules that establish oral and written informed consent
2-1 procedures to be followed before a hysterectomy is performed and
2-2 that indicate the medically accepted justifications for the
2-3 performance of a hysterectomy.
2-4 Sec. 173.005. CONTENTS OF INFORMED CONSENT PROCEDURE. The
2-5 informed consent procedures adopted under Section 173.004 shall
2-6 ensure that at least all of the following information is given
2-7 orally and in writing to the patient or a person authorized to
2-8 consent for the patient:
2-9 (1) advice that the patient or a person authorized to
2-10 consent for the patient is free to withhold or withdraw consent to
2-11 the procedure at any time before the hysterectomy or treatment
2-12 without affecting the right to future care or treatment and without
2-13 the loss or withdrawal of any state or federally funded program
2-14 benefits to which the patient might be otherwise entitled;
2-15 (2) a description of the type of surgery and other
2-16 procedures involved in the proposed hysterectomy and a description
2-17 of any known available and medically appropriate alternatives to
2-18 the hysterectomy;
2-19 (3) advice that the hysterectomy procedure is
2-20 considered to be irreversible and that infertility will result for
2-21 a patient who is not previously sterile or postmenopausal;
2-22 (4) a description of the discomforts and risks that
2-23 may accompany or follow the performance of the procedure, including
2-24 an explanation of the type and possible effects of any anesthetic
2-25 to be used;
2-26 (5) a description of the benefits or advantages that
2-27 may be expected as a result of the hysterectomy;
3-1 (6) approximate length of hospital stay;
3-2 (7) approximate length of time for recovery; and
3-3 (8) the physician's fee.
3-4 Sec. 173.006. WRITTEN STATEMENT. (a) A patient on whom a
3-5 hysterectomy is to be performed or a person authorized to consent
3-6 for the patient shall sign a written statement before the procedure
3-7 is performed indicating that the patient or other person has read
3-8 and understood the written information provided under Section
3-9 173.005 and that the information has been discussed with the
3-10 patient or other person by the patient's physician.
3-11 (b) The statement shall indicate that the patient or the
3-12 person authorized to consent for the patient has been advised by
3-13 the patient's physician that the hysterectomy will make the patient
3-14 permanently sterile unless the patient was previously sterile or
3-15 postmenopausal.
3-16 Sec. 173.007. DISCIPLINARY ACTION. A physician who fails to
3-17 comply with Section 173.002 is subject to disciplinary action under
3-18 Section 4.01, Medical Practice Act (Article 4495b, Vernon's Texas
3-19 Civil Statutes).
3-20 SECTION 2. This Act takes effect September 1, 1997.
3-21 SECTION 3. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended.