83R9574 SCL-F
 
  By: Ashby H.B. No. 1750
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the development and distribution of information
  regarding certain breast surgeries for patients.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 86, Health and Safety Code, is amended by
  adding Subchapter B-1 to read as follows:
  SUBCHAPTER B-1. INFORMATIONAL MATERIALS REGARDING CERTAIN BREAST
  SURGERIES
         Sec. 86.051.  DEVELOPMENT OF EDUCATIONAL INFORMATION. (a)
  The department, in consultation with the advisory council
  established under Section 86.003, shall develop written
  information in language a patient can understand concerning the
  advantages, disadvantages, risks, and descriptions of all
  medically efficacious and viable alternatives for the treatment of
  breast cancer, including information concerning mastectomy
  surgery, lymph node dissection, lumpectomy, and reconstructive
  breast surgery. The department may review and adopt educational
  information from another state or organization if the department
  finds that the information is appropriate for patient education
  under this section.
         (b)  The department, in consultation with the advisory
  council established under Section 86.003, shall review and revise
  the written materials under Subsection (a) at least once every
  three years.
         Sec. 86.052.  PUBLICATION OF EDUCATIONAL INFORMATION. (a)
  The department shall make the information developed under Section
  86.051 available on its Internet website and in a paper format.
         (b)  The Texas Medical Board shall make the information
  developed under Section 86.051 available on its Internet website.
         SECTION 2.  Chapter 162, Occupations Code, is amended by
  adding Subchapter F to read as follows:
  SUBCHAPTER F. PATIENT EDUCATION ABOUT CERTAIN BREAST SURGERIES
         Sec. 162.251.  PROVISION OF INFORMATION TO PATIENTS
  REGARDING CERTAIN BREAST SURGERIES. (a) On diagnosis of breast
  cancer, a physician or surgeon, as appropriate, shall make
  available the written information described by Subchapter B-1,
  Chapter 86, Health and Safety Code, relating to mastectomy surgery,
  lymph node dissection, lumpectomy, and reconstructive breast
  surgery.
         (b)  In making available the written information described
  by Subchapter B-1, Chapter 86, Health and Safety Code, the
  physician or surgeon shall exercise professional judgment in
  determining for each individual patient the timing, scope of
  discussion, and recommendations for treatment, including
  reconstructive breast surgery.
         (c)  The physician or surgeon may make available in an
  appropriate manner the written information described by Subchapter
  B-1, Chapter 86, Health and Safety Code, to a patient or a person
  who can give consent to treatment for the patient, including:
               (1)  by making written materials available in the
  office or clinic; or
               (2)  by referring the patient or the person who can give
  consent to treatment for the patient to the Internet website of the
  Department of State Health Services or the board containing the
  information.
         SECTION 3.  (a) The Department of State Health Services
  shall make available the information required by Subchapter B-1,
  Chapter 86, Health and Safety Code, as added by this Act, on its
  Internet website and in paper form not later than January 1, 2014.
         (b)  The Texas Medical Board shall make available the
  information required by Subchapter B-1, Chapter 86, Health and
  Safety Code, as added by this Act, on its Internet website not later
  than January 1, 2014.
         (c)  A physician or surgeon is not required to comply with
  Subchapter F, Chapter 162, Occupations Code, as added by this Act,
  before February 1, 2014.
         SECTION 4.  This Act takes effect September 1, 2013.