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A BILL TO BE ENTITLED
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AN ACT
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relating to the rights of health care consumers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle H, Title 2, Health and Safety Code, is |
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amended by adding Chapter 173 to read as follows: |
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CHAPTER 173. HEALTH CARE CONSUMER RIGHTS ACT |
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Sec. 173.001. SHORT TITLE. This chapter may be cited as the |
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Health Care Consumer Rights Act. |
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Sec. 173.002. DEFINITIONS. In this chapter: |
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(1) "Health care consumer" means a person who seeks or |
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acquires health care services from a health care practitioner for |
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the consumer or the consumer's pet. |
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(2) "Health care practitioner" means a person licensed |
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to practice under: |
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(A) Title 3, Occupations Code; or |
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(B) Chapter 801, Occupations Code. |
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(3) "Legally authorized representative" means: |
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(A) a parent, managing conservator, or guardian |
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of a health care consumer who is a minor; |
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(B) a guardian of a health care consumer who has |
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been adjudicated incompetent to manage the consumer's personal |
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affairs; or |
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(C) a health care consumer's agent authorized |
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under a durable medical power of attorney under Chapter 166. |
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Sec. 173.003. HEALTH CARE CONSUMER RIGHTS. (a) A health |
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care consumer or the consumer's legally authorized representative |
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has, in relation to a medical or health care service or treatment |
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plan proposed for the consumer or consumer's pet, the right to: |
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(1) receive full disclosure of: |
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(A) the consumer's or the consumer's pet's health |
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status; and |
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(B) the risks or hazards associated with the |
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service or treatment plan; |
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(2) participate in the decision-making process for the |
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service or treatment plan; |
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(3) determine the appropriateness of the service or |
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treatment plan; and |
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(4) refuse the service or treatment plan. |
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(b) Except as otherwise provided by law, a health care |
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consumer or the consumer's legally authorized representative may |
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request or authorize a medical or health care service or treatment |
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plan only if the health care practitioner provides the consumer or |
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representative a disclosure for the service or treatment plan that |
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allows the consumer or representative to exercise all of the rights |
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described by Subsection (a). |
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(c) This section does not impose any requirements on a |
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health care practitioner to provide a medical or health care |
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service or develop or implement a treatment plan. |
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SECTION 2. The changes in law made by this Act apply only to |
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a medical or health care service provided or treatment plan |
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developed on or after the effective date of this Act. A medical or |
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health care service provided or treatment plan developed before the |
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effective date of this Act is governed by the law as it existed |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |