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  80R3498 ABC-D
 
  By: Parker H.B. No. 1440
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to transfer of certain patients requesting
life-sustaining treatment.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 166.046(d), Health and Safety Code, is
amended to read as follows:
       (d)  If the attending physician, the patient, or the person
responsible for the health care decisions of the individual does
not agree with the decision reached during the review process under
Subsection (b), the physician shall make a reasonable effort to
transfer the patient to a physician who is willing to comply with
the directive. To facilitate the transfer, the attending physician
may discuss facts contained in the patient's medical record with
another physician or a health care facility, but the physician may
not state the physician's opinion that life-sustaining treatment is
inappropriate. If the patient is a patient in a health care
facility, the facility's personnel shall assist the physician in
arranging the patient's transfer to:
             (1)  another physician;
             (2)  an alternative care setting within that facility;
or
             (3)  another facility.
       SECTION 2.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.