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A BILL TO BE ENTITLED
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AN ACT
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relating to the development and distribution of information |
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regarding certain breast surgeries for patients. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 86, Health and Safety Code, is amended by |
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adding Subchapter B-1 to read as follows: |
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SUBCHAPTER B-1. INFORMATIONAL MATERIALS REGARDING CERTAIN BREAST |
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SURGERIES |
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Sec. 86.051. DEVELOPMENT OF EDUCATIONAL INFORMATION. (a) |
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The department, in consultation with the advisory council |
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established under Section 86.003, shall develop written |
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information in language a patient can understand concerning the |
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advantages, disadvantages, risks, and descriptions of all |
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medically efficacious and viable alternatives for the treatment of |
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breast cancer, including information concerning mastectomy |
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surgery, lymph node dissection, lumpectomy, and reconstructive |
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breast surgery. The department may review and adopt educational |
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information from another state or organization if the department |
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finds that the information is appropriate for patient education |
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under this section. |
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(b) The department, in consultation with the advisory |
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council established under Section 86.003, shall review and revise |
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the written materials under Subsection (a) at least once every |
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three years. |
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Sec. 86.052. PUBLICATION OF EDUCATIONAL INFORMATION. (a) |
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The department shall make the information developed under Section |
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86.051 available on its Internet website and in a paper format. |
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(b) The Texas Medical Board shall make the information |
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developed under Section 86.051 available on its Internet website. |
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SECTION 2. Chapter 162, Occupations Code, is amended by |
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adding Subchapter F to read as follows: |
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SUBCHAPTER F. PATIENT EDUCATION ABOUT CERTAIN BREAST SURGERIES |
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Sec. 162.251. PROVISION OF INFORMATION TO PATIENTS |
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REGARDING CERTAIN BREAST SURGERIES. (a) On diagnosis of breast |
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cancer, a physician or surgeon, as appropriate, shall make |
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available the written information described by Subchapter B-1, |
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Chapter 86, Health and Safety Code, relating to mastectomy surgery, |
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lymph node dissection, lumpectomy, and reconstructive breast |
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surgery. |
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(b) In making available the written information described |
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by Subchapter B-1, Chapter 86, Health and Safety Code, the |
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physician or surgeon shall exercise professional judgment in |
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determining for each individual patient the timing, scope of |
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discussion, and recommendations for treatment, including |
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reconstructive breast surgery. |
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(c) The physician or surgeon may make available in an |
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appropriate manner the written information described by Subchapter |
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B-1, Chapter 86, Health and Safety Code, to a patient or a person |
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who can give consent to treatment for the patient, including: |
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(1) by making written materials available in the |
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office or clinic; or |
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(2) by referring the patient or the person who can give |
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consent to treatment for the patient to the Internet website of the |
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Department of State Health Services or the board containing the |
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information. |
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SECTION 3. (a) The Department of State Health Services |
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shall make available the information required by Subchapter B-1, |
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Chapter 86, Health and Safety Code, as added by this Act, on its |
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Internet website and in paper form not later than January 1, 2014. |
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(b) The Texas Medical Board shall make available the |
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information required by Subchapter B-1, Chapter 86, Health and |
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Safety Code, as added by this Act, on its Internet website not later |
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than January 1, 2014. |
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(c) A physician or surgeon is not required to comply with |
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Subchapter F, Chapter 162, Occupations Code, as added by this Act, |
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before February 1, 2014. |
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SECTION 4. This Act takes effect September 1, 2013. |