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A BILL TO BE ENTITLED
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AN ACT
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relating to consent to certain medical treatments by a surrogate |
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decision-maker on behalf of certain inmates. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 313.004, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsection (e) to |
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read as follows: |
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(a) If an adult patient of a home and community support |
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services agency or in a hospital or nursing home, or an adult inmate |
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of a county or municipal jail, is comatose, incapacitated, or |
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otherwise mentally or physically incapable of communication, an |
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adult surrogate from the following list, in order of priority, who |
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has decision-making capacity, is available after a reasonably |
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diligent inquiry, and is willing to consent to medical treatment on |
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behalf of the patient may consent to medical treatment on behalf of |
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the patient: |
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(1) the patient's spouse; |
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(2) an adult child of the patient who has the waiver |
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and consent of all other qualified adult children of the patient to |
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act as the sole decision-maker; |
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(3) a majority of the patient's reasonably available |
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adult children; |
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(4) the patient's parents; or |
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(5) the individual clearly identified to act for the |
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patient by the patient before the patient became incapacitated, the |
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patient's nearest living relative, or a member of the clergy. |
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(e) Notwithstanding any other provision of this chapter, if |
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the patient is an adult inmate of a county or municipal jail, a |
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surrogate decision-maker may not also consent to: |
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(1) psychotropic medication; |
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(2) involuntary inpatient mental health services; or |
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(3) psychiatric services calculated to restore |
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competency to stand trial. |
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SECTION 2. Section 313.005(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) If an adult patient of a home and community support |
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services agency or in a hospital or nursing home, or an adult inmate |
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of a county or municipal jail, is comatose, incapacitated, or |
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otherwise mentally or physically incapable of communication and, |
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according to reasonable medical judgment, is in need of medical |
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treatment, the attending physician shall describe the: |
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(1) patient's comatose state, incapacity, or other |
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mental or physical inability to communicate in the patient's |
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medical record; and |
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(2) proposed medical treatment in the patient's |
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medical record. |
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SECTION 3. This Act takes effect September 1, 2011. |