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A BILL TO BE ENTITLED
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AN ACT
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relating to the disregard or violation of a resident's advance |
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directive by a nursing institution; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 242.061, Health and Safety Code, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) The department, after providing notice and |
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opportunity for a hearing to a license holder, shall suspend or |
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revoke a license if the department finds that the license holder has |
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been assessed three or more administrative penalties for violating |
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Section 242.0663(a)(2). |
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SECTION 2. Section 242.0663, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsections (d), (e), |
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and (f) to read as follows: |
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(a) The department shall assess an administrative penalty |
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under this subchapter against an institution that: |
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(1) violates Section 166.004; or |
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(2) knowingly employs or has on staff a health care |
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practitioner who knowingly disregards or violates a resident's |
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advance directive if the institution has included a statement in |
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its written policies maintained under Section 166.004 that the |
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institution will follow a resident's advance directive. |
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(d) A person, including an owner or employee of an |
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institution, who has cause to believe that a resident's advance |
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directive has been or may be knowingly disregarded in violation of a |
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written policy maintained under Section 166.004 shall report such |
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violation consistent with the requirements of Section 242.123. |
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(e) It is not a violation of this section or any other law if |
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an institution, its owners, employees, agents, or physicians in |
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good faith attempt to resuscitate a resident because the |
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institution, its owners, employees, agents, or physicians who |
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practice in the institution reasonably believe that the process of |
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dying appears to be the result of an accident, unnatural causes, or |
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suspicious circumstances. |
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(f) To the extent consistent with federal law, an |
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institution may, on the basis of conscience, object to honoring an |
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advanced directive if the institution includes in its policies and |
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explains to each prospective resident before admission to the |
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institution the circumstances under which the institution would not |
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follow instructions of an advanced directive. The policies and |
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explanation must include the following: |
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(1) a clear and precise statement of limitations that |
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result from the institution's objection to implement advanced |
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directives based on conscience; |
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(2) a description of the differences between an |
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institution-wide policy of objection on the basis of conscience and |
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an objection that may be raised by an individual healthcare |
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provider; and |
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(3) a description of the range of medical conditions |
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or procedures affected by an objection based on conscience. |
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SECTION 3. This Act takes effect September 1, 2009. |