| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to consent for medical treatment. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 313.002, Health and Safety Code, is |
|
|
amended by adding Subdivision (3-a) and amending Subdivision (8) to |
|
|
read as follows: |
|
|
(3-a) "Home and community support services agency" |
|
|
means a facility licensed under Chapter 142. |
|
|
(8) "Patient" means a person who: |
|
|
(A) is admitted to a hospital; |
|
|
(B) is [or] residing in a nursing home; or |
|
|
(C) is receiving services from a home and |
|
|
community support services agency. |
|
|
SECTION 2. Section 313.004(a), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(a) If an adult patient of a home and community support |
|
|
services agency or in a hospital or nursing home is comatose, |
|
|
incapacitated, or otherwise mentally or physically incapable of |
|
|
communication, an adult surrogate from the following list, in order |
|
|
of priority, who has decision-making capacity, is available after a |
|
|
reasonably diligent inquiry, and is willing to consent to medical |
|
|
treatment on behalf of the patient may consent to medical treatment |
|
|
on behalf of the patient: |
|
|
(1) the patient's spouse; |
|
|
(2) an adult child of the patient who has the waiver |
|
|
and consent of all other qualified adult children of the patient to |
|
|
act as the sole decision-maker; |
|
|
(3) a majority of the patient's reasonably available |
|
|
adult children; |
|
|
(4) the patient's parents; or |
|
|
(5) the individual clearly identified to act for the |
|
|
patient by the patient before the patient became incapacitated, the |
|
|
patient's nearest living relative, or a member of the clergy. |
|
|
SECTION 3. Sections 313.005(a) and (d), Health and Safety |
|
|
Code, are amended to read as follows: |
|
|
(a) If an adult patient of a home and community support |
|
|
services agency or in a hospital or nursing home is comatose, |
|
|
incapacitated, or otherwise mentally or physically incapable of |
|
|
communication and, according to reasonable medical judgment, is in |
|
|
need of medical treatment, the attending physician shall describe |
|
|
the: |
|
|
(1) patient's comatose state, incapacity, or other |
|
|
mental or physical inability to communicate in the patient's |
|
|
medical record; and |
|
|
(2) proposed medical treatment in the patient's |
|
|
medical record. |
|
|
(d) A surrogate decision-maker's consent to medical |
|
|
treatment that is not made in person shall be reduced to writing in |
|
|
the patient's medical record, signed by the home and community |
|
|
support services agency, hospital, or nursing home staff member |
|
|
receiving the consent, and countersigned in the patient's medical |
|
|
record or on an informed consent form by the surrogate |
|
|
decision-maker as soon as possible. |
|
|
SECTION 4. Section 313.007(b), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(b) An attending physician, home and community support |
|
|
services agency, hospital, or nursing home or a person acting as an |
|
|
agent for or under the control of the physician, home and community |
|
|
support services agency, hospital, or nursing home is not subject |
|
|
to criminal or civil liability and has not engaged in |
|
|
unprofessional conduct if the medical treatment consented to under |
|
|
this chapter: |
|
|
(1) is done in good faith under the consent to medical |
|
|
treatment; and |
|
|
(2) does not constitute a failure to exercise due care |
|
|
in the provision of the medical treatment. |
|
|
SECTION 5. This Act takes effect September 1, 2007. |