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78R19685 DLF-D

Suspending limitations on conference committee

jurisdiction, S.B. No. 1320







By:  Nelson                                           S.R. No. 1041


R E S O L U T I O N
	BE IT RESOLVED by the Senate of the State of Texas, 78th 
Legislature, Regular Session, 2003, That Senate Rule 12.03 be 
suspended in part as provided by Senate Rule 12.08 to enable the 
conference committee appointed to resolve the differences on Senate 
Bill 1320, relating to certain advance directives for medical 
treatment and medical treatment decisions, to consider and take 
action on the following matter:
	(1)  Senate Rules 12.03(1) and (4) are suspended to permit 
the committee to change the text of added Subsection (e) and add new 
Subsection (f), Section 166.044,  Health and Safety Code,  to read 
as follows:
	(e)  A physician, nurse, or other person acting under the 
direction of a physician who participates in the withholding or 
withdrawal of cardiopulmonary resuscitation from a patient who, in 
reasonable medical judgment, has a terminal or irreversible 
condition is not civilly or criminally liable for failure to 
provide resuscitation if, in reasonable medical judgment, in the 
event of cardiopulmonary arrest, the patient's death would occur 
within minutes to hours regardless of the provision of 
resuscitation.  Nothing in this section may be construed to 
prohibit a physician, nurse, or other person from honoring an 
otherwise valid and applicable patient's directive to physicians or 
out-of-hospital do-not-resuscitate order, or the decision of a 
competent patient or the person responsible for the health care 
decisions of the patient, that authorizes a do-not-resuscitate 
order under other circumstances.
	(f)  In this section, "reasonable medical judgment" means 
judgment which is exercised in accordance with the standard of care 
described by Section 166.044(d).
	Explanation:  The change is necessary to clarify that the 
section may not be construed to prohibit certain persons from 
honoring certain patients' advance directives and to define 
"reasonable medical judgment" for purposes of the section.
	(2)  Senate Rule 12.03(4) is suspended to permit the 
committee to add a new section to the bill to read as follows:
	SECTION 9.  Section 22.041, Penal Code, is amended by adding 
Subsection (j) to read as follows:
	(j)  It is a defense to prosecution under Subsection (c-1), 
as amended by S.B. No. 827, Acts of the 78th, Regular Session, 2003, 
that the person is a health care facility licensed under a law or a 
licensed health care professional providing medical treatment at, 
or is an employee of, a health care facility licensed under a law 
and that the person's conduct is the result of:
		(1)  a decision in compliance with Subchapter B, 
Chapter 166, Health and Safety Code, to withhold or withdraw 
life-sustaining treatment from a qualified terminal or 
irreversible patient;
		(2)  a power of attorney executed in compliance with 
Subchapter D, Chapter 166, Health and Safety Code, or under Chapter 
XII, Probate Code;
		(3)  consent to medical treatment of a minor in 
compliance with Chapter 32, Family Code;
		(4)  consent for emergency care received in compliance 
with Chapter 773, Health and Safety Code;
		(5)  a hospital patient transfer made in compliance 
with Subchapter B, Chapter 241, Health and Safety Code;
		(6)  a decision made by a patient's legal guardian who 
has the authority to make a decision regarding the patient's 
medical treatment;
		(7)  a reasonable decision consistent with:                            
			(A)  the diagnosis or medical condition of the 
child, elderly individual, or disabled individual;
			(B)  the scope and nature of a health care 
provider's license or certification; or
			(C)  an individual contract for services with the 
health care provider, entered into by the child, elderly 
individual, disabled individual, or a legal guardian with authority 
to make health care decisions for the child, elderly individual, or 
disabled individual; or
		(8)  a decision to discharge a child, elderly 
individual, or disabled individual from a health care facility 
licensed under a law based on the child's, elderly individual's, or 
disabled individual's inability to pay for care or treatment 
provided by the health care facility.
	Explanation:  The added provision is necessary to establish a 
defense to prosecution for the offense of failing to provide food, 
medical care, or shelter for a child, elderly individual, or 
disabled individual in certain circumstances.