By: Truitt (Senate Sponsor - Nelson) H.B. No. 2765
(In the Senate - Received from the House May 16, 2005;
May 17, 2005, read first time and referred to Committee on Health
and Human Services; May 20, 2005, reported favorably by the
following vote: Yeas 7, Nays 0; May 20, 2005, sent to printer.)
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.
* * * * *