SRC-VRA S.B. 1320 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1320
78R8244 TBy: Nelson
Health & Human Services
4/23/2003
As Filed


DIGEST AND PURPOSE 

The 76th Texas Legislature created the "Advance Directives Act."  The
United States Supreme Court has held that individuals have a
constitutional right to consent or refuse to consent to medical treatment.
As proposed, S.B. 1320 amends the Advance Directives Act to clarify the
scope and applicability of certain provisions of the Act and to provide
additional information to patients or their surrogate decisionmakers
regarding its effects. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subsection (7), Section 166.002, Health and Safety
Code, to redefine "health care or treatment decision." 

SECTION 2.  Amends Section 166.046, Health and Safety Code, by amending
the heading of the section and Subsections (a), (b) and (e), inserting new
Subsections (f) and (g), and renumbering subsequent subsections
accordingly, as follows: 

Sec.  166.046.  PROCEDURE IF NOT EFFECTUATING A DIRECTIVE OR TREATMENT
DECISION.  (a)  Requires the physician's refusal, if an attending
physician refuses to honor a health care treatment decision made by or on
behalf of a patient, to be reviewed by an ethics or medical committee. 

(b)  Requires the patient or the person responsible for the health care
decisions to be provided with certain information. 

(e)  Adds new language to existing text relating to a person responsible
for health care decisions of a patient requesting life-sustaining
treatment.  

(f)  Provides that a physician, nurse or other person acting under the
direction of a physician who participates in the stopping or withholding
of cardiopulmonary resuscitation from a qualified patient, is not civilly
or criminally liable for failure to provide resuscitation if, in
reasonable medical judgment, the patient's death would occur within
minutes to hours regardless of the provision of resuscitation. 
 
(g)  Authorizes the review process described in this section, if during a
previous admission to a facility, a patient's attending physician and the
review process under Subsection (b) have determined that life-sustaining
treatment is inappropriate, and the patient is readmitted to the same
facility within six months from the date of the decision reached during
the review process conducted upon the previous admission, to be omitted if
the patient's attending physician and a consulting physician who is a
member of the ethics or medical committee of the facility document on the
patient's readmission that the patient's condition either has not changed
or has deteriorated since the review process was conducted. 

 Redesignates Subsections (f)- (h) as (h)-(j).

SECTION 3.  Amends Chapter 166, Health and Safety Code, by adding Section
166.052, as follows: 

Sec. 166.052.  STATEMENTS EXPLAINING PATIENT'S RIGHT TO TRANSFER.  (a)
Sets forth the language in a statement in cases in which the attending
physician refuses to honor an advance directive or treatment decision
requesting the provision of lifesustaining treatment. 

(b)  Sets forth the language in a statement in cases in which the
attending physician refuses to honor an advance directive or treatment
decision requesting the withholding or withdrawal of life-sustaining
treatment. 

(c)  Authorizes an attending physician or health care facility to, if it
chooses, include any additional information concerning the physician's or
facility's policy, perspective, experience, or review procedure. 

SECTION 4.  Amends Chapter 166, Health and Safety Code, by adding Section
166.053, as follows: 

Sec. 166.053.  REGISTRY TO ASSIST TRANSFERS.  (a)  Requires the Texas
Health Care Information Council (council) to maintain a registry listing
the identity of and contact information for health care providers and
referral groups, situated inside and outside the State of Texas, that have
voluntarily notified the council they may consider accepting, or may
assist in locating a provider willing to accept transfer of a patient
under Sections 166.045 or 166.046. 

(b)  Provides that the listing of a provider or referral group in the
registry described in this section does not obligate the provider or group
to accept transfer of, or provide services to, any particular patient. 

(c)  Requires the council to post the current registry list on its website
in a form appropriate for easy comprehension by patients and persons
responsible for the health care decisions of patients and to provide a
clearly identifiable link from its home page to the registry page.
Requires the list to separately indicate those providers and groups that
have indicated their interest in assisting the transfer of certain
patients. 

(d)  Requires the registry list described in this section to include the
following disclaimer: 

"This registry lists providers and groups that have indicated to the Texas
Health Care Information Council their interest in assisting the transfer
of patients in the circumstances described, and is provided for
information purposes only.  Neither the Texas Health Care Information
Council nor the State of Texas endorses or assumes any responsibility for
any representation, claim or act of the listed providers or groups." 

SECTION 5.  Amends Section C, Chapter 166, Health and Safety Code, by
adding Section 166.102, as follows: 

Sec.  166.102.  PHYSICIAN'S DO-NOT-RESUSCITATE ORDER MAY BE HONORED BY
NON-EMS HEALTH CARE PROFESSIONALS.  (a)  Authorizes a health care
professional, except as provided by Subsection (b) of this section, to
honor a physician's do-not-resuscitate order in an out-of-hospital
setting. 
 
(b)  Provides that Subsection (a) does not apply to emergency medical
services personnel, who must honor only a properly completed
Out-of-Hospital DNR  Order in accordance with this subchapter. 

SECTION 6.  Effective date:  upon passage or September 1, 2003.