By Longoria H.B. No. 2801
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to medical treatment requested by or on behalf of certain
1-3 patients.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 135.008(c), Civil Practice and Remedies
1-6 Code, is amended to read as follows:
1-7 (c) An attending physician of a principal or a health care
1-8 provider who refuses [A principal's health or residential care
1-9 provider who finds it impossible] to follow a directive by the
1-10 agent shall comply with the procedure established under Section
1-11 672.0165, Health and Safety Code [because of a conflict with this
1-12 chapter or the durable power of attorney for health care shall
1-13 inform the agent as soon as is reasonably possible. The agent may
1-14 select another attending physician].
1-15 SECTION 2. Section 135.018, Civil Practice and Remedies
1-16 Code, is amended to read as follows:
1-17 Sec. 135.018. OTHER RIGHTS OR RESPONSIBILITIES NOT AFFECTED.
1-18 This chapter does not limit or impair any legal right or
1-19 responsibility that any person, including a physician or health or
1-20 residential care provider, may have to make or implement health
1-21 care decisions on behalf of a person. This section does not
2-1 authorize a violation of Section 672.0165, Health and Safety Code.
2-2 SECTION 3. Section 672.016, Health and Safety Code, is
2-3 amended to read as follows:
2-4 Sec. 672.016. [LIMITATION OF] LIABILITY FOR FAILURE TO
2-5 EFFECTUATE DIRECTIVE. (a) A physician, health care facility, or
2-6 health care professional who has no knowledge of a directive is not
2-7 civilly or criminally liable for failing to act in accordance with
2-8 the directive.
2-9 (b) A physician, or a health professional acting under the
2-10 direction of a physician who complies with Section 672.0165[,] is
2-11 not civilly or criminally liable for failing to effectuate a
2-12 qualified patient's directive.
2-13 [(c) If an attending physician refuses to comply with a
2-14 directive or treatment decision, the physician shall make a
2-15 reasonable effort to transfer the patient to another physician.]
2-16 SECTION 4. Chapter 672, Health and Safety Code, is amended
2-17 by adding Section 672.0165 to read as follows:
2-18 Sec. 672.0165. DUTY TO TRANSFER PATIENT. (a) An attending
2-19 physician or health care facility who refuses to comply with a
2-20 directive or treatment decision shall comply with this section. The
2-21 physician or facility:
2-22 (1) shall assist in arranging transfer of the patient
2-23 to another physician or facility that is willing to comply with the
2-24 directive or treatment decision; and
2-25 (2) may not impede the transfer.
3-1 (b) The physician or health care facility shall provide the
3-2 patient with available treatment as, in reasonable medical
3-3 judgment, is necessary to prevent death of the patient until the
3-4 transfer is completed, if the directive or treatment decision with
3-5 which the physician or health care facility is unwilling to comply
3-6 is for the provision of treatment. This subsection does not
3-7 require a physician or health care facility to provide treatment
3-8 that cannot be provided to the patient without denying the same
3-9 treatment to another patient.
3-10 (c) The obligation to provide treatment under Subsection (b)
3-11 continues until:
3-12 (1) the 14th day after the date on which the physician
3-13 or facility provides written notice of the refusal to comply with
3-14 the directive or treatment decision to:
3-15 (A) the patient, if the patient is competent; or
3-16 (B) the person or persons legally responsible
3-17 for making health care decisions on behalf of the patient, if the
3-18 patient is incompetent; and
3-19 (2) the end of any period of extension established
3-20 under Subsection (g).
3-21 (d) The patient, if the patient is competent, or a person
3-22 legally responsible for making health care decisions on behalf of
3-23 the patient if the patient is not competent, may apply to a probate
3-24 court for an extension of the period established under Subsection
3-25 (c)(1).
4-1 (e) The applicant must notify the attending physician or
4-2 facility of an application made under Subsection (d).
4-3 (f) The court shall promptly hold a hearing on the
4-4 application at which each party may present evidence and argument.
4-5 The court may grant brief extensions of the period established
4-6 under Subsection (c)(1) as necessary to preserve the status quo
4-7 until the hearing can be held and a decision rendered.
4-8 (g) After the hearing, the court shall grant the extension
4-9 for a specified period determined by the court if the court finds,
4-10 by a preponderance of the evidence, that, if the extension is
4-11 granted, there is a reasonable prospect that a facility willing to
4-12 accept the transfer of the patient and to comply with the directive
4-13 or treatment decision will be found.
4-14 SECTION 5. Section 672.021, Health and Safety Code, is
4-15 amended to read as follows:
4-16 Sec. 672.021. LEGAL RIGHT OR RESPONSIBILITY NOT AFFECTED.
4-17 This chapter does not impair or supersede any legal right or
4-18 responsibility a person may have to effect the withholding or
4-19 withdrawal of life-sustaining procedures in a lawful manner. This
4-20 section does not authorize a violation of Section 672.0165.
4-21 SECTION 6. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended,
5-1 and that this Act take effect and be in force from and after its
5-2 passage, and it is so enacted.