84R10465 JSC-F
 
  By: Krause H.B. No. 1901
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the withdrawal or withholding of life-sustaining
  treatment from a pregnant patient.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 166.049, Health and Safety Code, is
  amended to read as follows:
         Sec. 166.049.  PREGNANT PATIENTS. (a) A person may not
  withdraw or withhold life-sustaining treatment under this
  subchapter from a pregnant patient. This section applies:
               (1)  regardless of whether there is irreversible
  cessation of all spontaneous brain function of the pregnant
  patient; and
               (2)  if the life-sustaining treatment is enabling the
  unborn child to mature.
         (b)  The hospital or other applicable health care provider
  shall notify the attorney general if the life-sustaining treatment
  of a pregnant patient is at issue.
         (c)  Not later than 24 hours after receipt of the notice
  under Subsection (b), the attorney general shall appoint an
  attorney ad litem from the registry described by Subsection (d) to
  represent the unborn child's interests under this section and
  otherwise in any litigation or other matter regarding the health
  care decisions made for the pregnant patient.
         (d)  The attorney general shall develop and maintain a
  registry listing the identity of and contact information for
  qualified attorneys in this state that have voluntarily notified
  the attorney general of their willingness to serve, or have been
  asked by the attorney general and have consented to serve, as
  attorneys ad litem for the unborn child in litigation or other
  matter regarding the health care decisions for a pregnant patient.
         (e) In this section:
               (1)  "Health care provider" has the meaning assigned by
  Section 166.004.
               (2)  "Unborn child" has the meaning assigned by Section
  171.061.
         SECTION 2.  Section 166.098, Health and Safety Code, is
  amended to read as follows:
         Sec. 166.098.  PREGNANT PERSONS.  (a) A person may not
  withhold cardiopulmonary resuscitation or certain other
  life-sustaining treatment designated by the board under this
  subchapter from a person known by the responding health care
  professionals to be pregnant. This section applies:
               (1)  regardless of whether there is irreversible
  cessation of all spontaneous brain function of the pregnant
  patient; and
               (2)  if the life-sustaining treatment is enabling the
  unborn child to mature.
         (b)  The hospital or other applicable health care provider
  shall notify the attorney general if the life-sustaining treatment
  of a pregnant patient is at issue.
         (c)  Not later than 24 hours after receipt of the notice
  under Subsection (b), the attorney general shall appoint an
  attorney ad litem from the registry described by Section 166.049(d)
  to represent the unborn child's interests under this section and
  otherwise in any litigation or other matter regarding the health
  care decisions for the pregnant patient.
         (d) In this section:
               (1)  "Health care provider" has the meaning assigned by
  Section 166.004.
               (2)  "Unborn child" has the meaning assigned by Section
  171.061.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.