By Lewis of Tarrant H.B. No. 1270
76R3746 DLF-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to surrogate decision-making for an adult patient in a
1-3 hospital or nursing home.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 313.004(a), Health and Safety Code, is
1-6 amended to read as follows:
1-7 (a) If an adult patient in a hospital or nursing home is
1-8 comatose, incapacitated, or otherwise mentally or physically
1-9 incapable of communication, an adult surrogate from the following
1-10 list, in order of priority, who has decision-making capacity, is
1-11 available after a reasonably diligent inquiry, and is willing to
1-12 consent to medical treatment on behalf of the patient may consent
1-13 to medical treatment on behalf of the patient:
1-14 (1) the patient's spouse;
1-15 (2) an adult child of the patient who has the waiver
1-16 and consent of all other qualified adult children of the patient to
1-17 act as the sole decision-maker;
1-18 (3) a majority of the patient's reasonably available
1-19 adult children;
1-20 (4) the patient's parents; [or]
1-21 (5) the individual clearly identified to act for the
1-22 patient by the patient before the patient became incapacitated
1-23 or[,] the patient's nearest living relative;
1-24 (6) another adult who the attending physician
2-1 determines has had substantial past contact with the patient
2-2 sufficient to warrant standing to consent to medical treatment on
2-3 behalf of the patient;
2-4 (7) [, or] a member of the clergy; or
2-5 (8) the surrogate decision-making committee
2-6 established by the hospital or nursing home under Section 313.008.
2-7 SECTION 2. Section 313.007(a), Health and Safety Code, is
2-8 amended to read as follows:
2-9 (a) A surrogate decision-maker, including any member of a
2-10 surrogate decision-making committee established under Section
2-11 313.008, is not subject to criminal or civil liability for
2-12 consenting to medical care under this chapter if the consent is
2-13 made in good faith.
2-14 SECTION 3. Chapter 313, Health and Safety Code, is amended
2-15 by adding Section 313.008 to read as follows:
2-16 Sec. 313.008. SURROGATE DECISION-MAKING COMMITTEE. (a) A
2-17 hospital or nursing home may establish an independent surrogate
2-18 decision-making committee to act on behalf of a patient under
2-19 Section 313.004.
2-20 (b) The Texas Board of Human Services shall adopt rules
2-21 governing the appointment of a surrogate decision-making committee.
2-22 The rules must:
2-23 (1) govern the appointment of committee members and
2-24 ensure the independence of each committee member; and
2-25 (2) govern the minimum number of committee members.
2-26 SECTION 4. This Act takes effect September 1, 1999, and
2-27 applies only to surrogate decision-making under Chapter 313, Health
3-1 and Safety Code, as amended by this Act, on and after January 1,
3-2 2000. Surrogate decision-making under Chapter 313, Health and
3-3 Safety Code, before January 1, 2000, is governed by the law as it
3-4 existed immediately before the effective date of this Act, and that
3-5 law is continued in effect for that purpose.
3-6 SECTION 5. The Texas Board of Human Services shall adopt
3-7 rules as required by Section 313.008, Health and Safety Code, as
3-8 added by this Act, not later than December 15, 1999.
3-9 SECTION 6. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended.