85R6534 SCL-D

By: Perry S.B. No. 883

A BILL TO BE ENTITLED

AN ACT

relating to the disclosure of life-sustaining treatment policies and to life-sustaining treatment for a patient under 18 years of age.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act shall be known as "Simon's Law."

SECTION 2. Subchapter A, Chapter 166, Health and Safety Code, is amended by adding Sections 166.012 and 166.013 to read as follows:

Sec. 166.012. DISCLOSURE OF LIFE-SUSTAINING TREATMENT POLICY. (a) On request of a patient, prospective patient, or person authorized to make health care or treatment decisions on behalf of a patient or prospective patient, a health care facility or physician treating the patient, as applicable, shall disclose in writing any policy relating to the provision of life-sustaining treatment to a patient in the health care facility or by the physician.

(b) This section does not require a health care facility or physician to have a written policy relating to the provision of life-sustaining treatment to a patient.

Sec. 166.013. PATIENTS WHO ARE MINORS. (a) In this section, "minor patient" means a patient under 18 years of age who has not had the disabilities of minority removed for general purposes.

(b) Subject to Subsections (d) and (e), a health care facility or physician may not withhold or withdraw life-sustaining treatment from or place any restriction on the provision of life-sustaining treatment to a minor patient unless withholding, withdrawing, or restricting the provision of life-sustaining treatment is authorized by:

(1) a directive executed under Section 166.035; or

(2) an out-of-hospital DNR order executed under Section 166.085.

(c) A health care facility or physician may not withhold or withdraw life-sustaining treatment from or place any restriction on the provision of life-sustaining treatment to a minor patient under an authorization described by Subsection (b) unless the health care facility or physician has:

(1) complied with any request of the minor patient's parent, legal guardian, or managing conservator to obtain another medical opinion; or

(2) cooperated with any attempt by the minor patient's parent, legal guardian, or managing conservator to transfer the minor patient to another facility selected by the parent, guardian, or conservator.

(d) Subject to Subsection (e), a health care facility or physician may withhold or withdraw life-sustaining treatment from or place a restriction on the provision of life-sustaining treatment to a minor patient without the authorization described by Subsection (b) if, after a reasonably diligent effort, the facility is unable to locate the minor patient's parent, legal guardian, or managing conservator within 72 hours after the attending physician determines the life-sustaining treatment to be medically inappropriate because administering the treatment would create a greater risk of causing or hastening the death of the minor patient than withholding, withdrawing, or restricting the provision of the treatment.

(e) The desire of a competent minor patient to receive life-sustaining treatment supersedes the effect of any authorization described by Subsection (b) or any determination by an attending physician under Subsection (d).

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, 2017.