BILL ANALYSIS

H.B. 4048

By: Allison

Public Health

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Concerns have been raised over the amount of time involved in the process for an advanced practice registered nurse or physician assistant to sign a death certificate, which results in unnecessary delays from the various steps required to track down a physician, who may not have been directly caring for the patient, to sign the certificate. H.B. 4048 seeks to address these concerns by removing statutory limitations that hinder the process for an advanced practice registered nurse or physician assistant to complete the medical certification for a death certificate or fetal death certificate.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 4048 repeals Section 193.005(a-1), Health and Safety Code, which limits the authority of a physician assistant and an advanced practice registered nurse to complete the medical certification for a death certificate or fetal death certificate to circumstances in which a patient is receiving palliative care or in which a patient who has executed a written certification of a terminal illness has elected to receive hospice care and is receiving hospice services from a qualified hospice provider. The bill amends the Health and Safety Code to make a conforming change.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2021.