79R9168 HLT-F


By:  Truitt                                                       H.B. No. 2765



A BILL TO BE ENTITLED

AN ACT

relating to the definition of a legally authorized representative 
under the Texas Hospital Licensing Law.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 241.151(5), Health and Safety Code, is 
amended to read as follows:
		(5)  "Legally authorized representative" means:                        
			(A)  a parent or legal guardian if the patient is a 
minor;   
			(B) [,]  a legal guardian if the patient has been 
adjudicated incapacitated to manage the patient's personal 
affairs;
			(C) [,]  an agent of the patient authorized under 
a durable power of attorney for health care;
			(D) [,]  an attorney ad litem appointed for the 
patient;
			(E)  a person authorized to consent to medical 
treatment on behalf of the patient under Chapter 313;
			(F) [,]  a guardian ad litem appointed for the 
patient;
			(G) [,]  a personal representative or heir of the 
patient, as defined by Section 3, Texas Probate Code, [statutory 
beneficiary] if the patient is deceased;
			(H) [,]  an attorney retained by the patient or by 
the patient's legally authorized representative; or
			(I)  a person exercising a power granted to the 
person in the person's capacity as [, or] an attorney–in–fact or 
agent of the patient by a statutory durable power of attorney that 
is signed by the patient as principal.
	SECTION 2.  This Act takes effect September 1, 2005.