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A BILL TO BE ENTITLED
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AN ACT
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relating to establishing an advance directive registry. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 166, Health and Safety Code, is amended |
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by adding Subchapter E to read as follows: |
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SUBCHAPTER E. ADVANCE DIRECTIVE REGISTRY |
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Sec. 166.201. ADVANCE DIRECTIVE REGISTRY. (a) The |
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department shall establish and maintain an advance directive |
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registry that is accessible through an Internet website. |
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(b) The registry must be used to store advance directives |
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made under this chapter that are filed with the department. |
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(c) The department shall ensure that the registry is |
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maintained in a secure database that is designed to provide |
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authorized health care providers with immediate access to the |
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registry at all times but prevent unauthorized access to the |
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registry. |
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Sec. 166.202. CONTRACT WITH PRIVATE ENTITY. The department |
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may contract with a public or private entity to develop and maintain |
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the advance directive registry. |
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Sec. 166.203. FEES. The department may not charge a fee to: |
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(1) register an advance directive in the registry; or |
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(2) access an advance directive maintained in the |
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registry. |
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Sec. 166.204. EVIDENCE OF REGISTRATION. The department |
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shall provide a method by which a notation indicating that an |
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individual has an advance directive registered with the department |
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may be placed on the individual's driver's license or |
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identification card. |
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Sec. 166.205. REMOVAL FROM REGISTRY. If the department |
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receives notice that an advance directive that is contained in the |
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registry has been revoked or that the individual who is the subject |
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of an advance directive contained in the registry is deceased, the |
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department shall remove the advance directive from the registry. |
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Sec. 166.206. REGISTRATION NOT REQUIRED. (a) Failure to |
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file an advance directive with the registry does not affect the |
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validity of the advance directive. |
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(b) Failure to notify the department of a revocation of an |
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advance directive does not affect the validity of the revocation. |
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Sec. 166.207. CONFIDENTIALITY. Information obtained by |
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the department for the advance directive registry is confidential |
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and may be disclosed only with the written consent of the declarant |
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of the advanced directive or a person authorized to make health care |
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decisions on the declarant's behalf. |
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Sec. 166.208. GIFTS AND GRANTS. The department may accept |
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gifts, grants, donations, bequests, and other forms of voluntary |
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contributions to support, promote, and maintain the advance |
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directive registry. |
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Sec. 166.209. RULES. (a) The executive commissioner of the |
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Health and Human Services Commission shall adopt rules to implement |
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the creation and maintenance of the advance directive registry, |
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including rules to: |
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(1) protect the confidentiality of individuals in |
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accordance with Section 159.002, Occupations Code; |
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(2) inform the public about the registry; |
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(3) require the written consent of the declarant of |
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the advance directive or a person authorized to make health care |
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decisions on the declarant's behalf before any information relating |
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to the declarant is included in the registry; and |
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(4) ensure the authenticity of an advance directive |
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submitted to the department for inclusion in the advance directive |
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registry. |
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(b) The rules governing use or disclosure of information in |
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the registry must be at least as stringent as the Health Insurance |
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Portability and Accountability Act and Privacy Standards, as |
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defined by Section 181.001. |
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SECTION 2. This Act takes effect September 1, 2007. |