Honorable Richard Pena Raymond, Chair, House Committee on Human Services
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
HB2483 by Pena (Relating to certain do-not-resuscitate orders and advance directives; providing penalties.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill requires the Health and Human Services Commissioner to develop rules that clarify under what conditions in-hospital “do not resuscitate (DNR)” orders are valid. Based on the rules developed by HHSC, state hospitals may have to develop or revise policies and provide staff education regarding the validity of in hospital advanced directives. It is assumed that any costs associated with this provision could be absorbed within existing agency resources.
Under the provisions of the bill, a physician who knowingly executes an out-of-hospital DNR order that is not in compliance with the provisions of the out-of-hospital do-not-resuscitate orders subchapter of the Health and Safety Code would commit a third degree felony.
Creating a penalty for any criminal offense is expected to result in increased demands upon the correctional resources of the State due to longer terms of probation, or longer terms of confinement in prison. It is assumed the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of State corrections agencies.
Local Government Impact
Creating a penalty for the offense under this statute would have an increased demand upon county jail resources, however, it is assumed that the number of offenders convicted under this statute would not result in a significant fiscal impact to these entities.