HBA-SEB H.B. 272 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 272 By: West, George Public Health 2/10/1999 Introduced BACKGROUND AND PURPOSE Current law requires an individual to give consent before emergency health care can be given, unless the person is unable to communicate and suffering from a life-threatening injury or illness. Sometimes those patients who do not consent to the emergency care die soon after refusing the care. H.B. 272 provides that emergency care personnel can provide the emergency care without the consent of the patient if the patient is deemed by a physician to be suffering from a life-threatening injury or illness, unless the patient has issued a directive refusing emergency care or has objected to the care for religious reasons. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 773.008, Health and Safety Code, as follows: Sec. 773.008. CONSENT FOR EMERGENCY CARE. (a) Sets forth the list of circumstances under which consent is not required for emergency health care, including an occasion when a patient objects to emergency care, but a licensed physician has informed the emergency care provider that the patient likely suffers a life-threatening illness or injury. Makes conforming and nonsubstantive changes. (b) Provides circumstances which require consent for emergency care. Specifies that if an individual has issued a directive that conflicts with the provision of emergency care and the emergency care provider knows of the directive, or if the individual has stated or implied an objection to emergency care based on religious reasons, then consent for emergency care is required. SECTION 2. Emergency clause. Effective date: upon passage.