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AN ACT
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relating to consent for medical treatment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 313.002, Health and Safety Code, is |
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amended by adding Subdivision (3-a) and amending Subdivision (8) to |
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read as follows: |
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(3-a) "Home and community support services agency" |
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means a facility licensed under Chapter 142. |
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(8) "Patient" means a person who: |
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(A) is admitted to a hospital; |
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(B) is [or] residing in a nursing home; or |
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(C) is receiving services from a home and |
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community support services agency. |
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SECTION 2. Section 313.004(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) If an adult patient of a home and community support |
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services agency or in a hospital or nursing home is comatose, |
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incapacitated, or otherwise mentally or physically incapable of |
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communication, an adult surrogate from the following list, in order |
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of priority, who has decision-making capacity, is available after a |
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reasonably diligent inquiry, and is willing to consent to medical |
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treatment on behalf of the patient may consent to medical treatment |
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on behalf of the patient: |
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(1) the patient's spouse; |
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(2) an adult child of the patient who has the waiver |
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and consent of all other qualified adult children of the patient to |
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act as the sole decision-maker; |
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(3) a majority of the patient's reasonably available |
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adult children; |
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(4) the patient's parents; or |
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(5) the individual clearly identified to act for the |
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patient by the patient before the patient became incapacitated, the |
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patient's nearest living relative, or a member of the clergy. |
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SECTION 3. Sections 313.005(a) and (d), Health and Safety |
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Code, are amended to read as follows: |
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(a) If an adult patient of a home and community support |
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services agency or in a hospital or nursing home is comatose, |
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incapacitated, or otherwise mentally or physically incapable of |
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communication and, according to reasonable medical judgment, is in |
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need of medical treatment, the attending physician shall describe |
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the: |
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(1) patient's comatose state, incapacity, or other |
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mental or physical inability to communicate in the patient's |
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medical record; and |
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(2) proposed medical treatment in the patient's |
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medical record. |
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(d) A surrogate decision-maker's consent to medical |
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treatment that is not made in person shall be reduced to writing in |
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the patient's medical record, signed by the home and community |
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support services agency, hospital, or nursing home staff member |
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receiving the consent, and countersigned in the patient's medical |
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record or on an informed consent form by the surrogate |
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decision-maker as soon as possible. |
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SECTION 4. Section 313.007(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) An attending physician, home and community support |
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services agency, hospital, or nursing home or a person acting as an |
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agent for or under the control of the physician, home and community |
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support services agency, hospital, or nursing home is not subject |
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to criminal or civil liability and has not engaged in |
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unprofessional conduct if the medical treatment consented to under |
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this chapter: |
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(1) is done in good faith under the consent to medical |
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treatment; and |
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(2) does not constitute a failure to exercise due care |
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in the provision of the medical treatment. |
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SECTION 5. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3473 was passed by the House on May 8, |
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2007, by the following vote: Yeas 146, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3473 was passed by the Senate on May |
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18, 2007, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |