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A BILL TO BE ENTITLED
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AN ACT
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relating to the disclosure of life-sustaining treatment policies |
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and to life-sustaining treatment for a patient under 18 years of |
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age. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as "Simon's Law." |
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SECTION 2. Subchapter A, Chapter 166, Health and Safety |
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Code, is amended by adding Sections 166.012 and 166.013 to read as |
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follows: |
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Sec. 166.012. DISCLOSURE OF LIFE-SUSTAINING TREATMENT |
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POLICY. (a) On request of a patient, prospective patient, or person |
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authorized to make health care or treatment decisions on behalf of a |
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patient or prospective patient, a health care facility or physician |
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treating the patient, as applicable, shall disclose in writing any |
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policy relating to the provision of life-sustaining treatment to a |
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patient in the health care facility or by the physician. |
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(b) This section does not require a health care facility or |
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physician to have a written policy relating to the provision of |
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life-sustaining treatment to a patient. |
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Sec. 166.013. PATIENTS WHO ARE MINORS. (a) In this section, |
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"minor patient" means a patient under 18 years of age who has not |
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had the disabilities of minority removed for general purposes. |
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(b) Subject to Subsections (d) and (e), a health care |
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facility or physician may not withhold or withdraw life-sustaining |
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treatment from or place any restriction on the provision of |
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life-sustaining treatment to a minor patient unless withholding, |
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withdrawing, or restricting the provision of life-sustaining |
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treatment is authorized by: |
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(1) a directive executed under Section 166.035; or |
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(2) an out-of-hospital DNR order executed under |
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Section 166.085. |
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(c) A health care facility or physician may not withhold or |
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withdraw life-sustaining treatment from or place any restriction on |
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the provision of life-sustaining treatment to a minor patient under |
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an authorization described by Subsection (b) unless the health care |
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facility or physician has: |
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(1) complied with any request of the minor patient's |
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parent, legal guardian, or managing conservator to obtain another |
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medical opinion; or |
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(2) cooperated with any attempt by the minor patient's |
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parent, legal guardian, or managing conservator to transfer the |
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minor patient to another facility selected by the parent, guardian, |
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or conservator. |
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(d) Subject to Subsection (e), a health care facility or |
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physician may withhold or withdraw life-sustaining treatment from |
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or place a restriction on the provision of life-sustaining |
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treatment to a minor patient without the authorization described by |
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Subsection (b) if, after a reasonably diligent effort, the facility |
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is unable to locate the minor patient's parent, legal guardian, or |
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managing conservator within 72 hours after the attending physician |
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determines the life-sustaining treatment to be medically |
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inappropriate because administering the treatment would create a |
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greater risk of causing or hastening the death of the minor patient |
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than withholding, withdrawing, or restricting the provision of the |
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treatment. |
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(e) The desire of a competent minor patient to receive |
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life-sustaining treatment supersedes the effect of any |
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authorization described by Subsection (b) or any determination by |
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an attending physician under Subsection (d). |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |