Texas 2009 - 81st Regular

Texas House Bill HB2585

Filed
 
Out of House Committee
5/6/09  
Voted on by House
5/12/09  
Out of Senate Committee
5/20/09  
Voted on by Senate
5/26/09  
Governor Action
6/19/09  
Bill Becomes Law
 
Enrolled
5/28/09  

Caption

Relating to digital or electronic signatures and witness signatures on advance directives.

Impact

If passed, HB2585 will impact the way individuals can legally communicate their healthcare preferences, particularly during situations where they may be unable to speak for themselves. The inclusion of digital and electronic signatures aims to remove barriers that could prevent timely decision-making, especially during health crises. Healthcare professionals will be required to acknowledge these signatures in the same manner as traditional handwritten ones, thereby streamlining processes and enhancing patient autonomy in their healthcare choices.

Summary

House Bill 2585 aims to modernize the laws governing advance directives in Texas by formally recognizing digital and electronic signatures in their execution. This legislation is particularly significant as it addresses the increasing reliance on electronic documentation in healthcare settings, ensuring that advance directives such as medical power of attorney or do-not-resuscitate (DNR) orders can be effectively established through digital means. The bill proposes several amendments to the Health and Safety Code, defining what constitutes a digital and electronic signature and setting forth the conditions under which these signatures are considered valid.

Contention

Notable points of contention surrounding HB2585 involve concerns over the security and verification of digital signatures. Critics may argue that the possibility of electronic fraud or misrepresentation exists, particularly in high-stakes healthcare scenarios. Additionally, there may be apprehensions regarding access to technology among certain demographics, potentially leading to inequalities in how advance directives are established and acknowledged. Proponents argue that the move towards electronic signatures is a necessary evolution to accommodate modern technology and improve healthcare efficiency.

Companion Bills

No companion bills found.

Previously Filed As

TX SB2039

Relating to health care practitioner authority regarding certain do-not-resuscitate orders, including the use of electronic copies and photographs of out-of-hospital do-not-resuscitate orders.

TX HB647

Relating to an advance directive and do-not-resuscitate order of a pregnant woman and information provided for an advance directive.

TX SB2465

Relating to an advance directive and do-not-resuscitate order of a pregnant woman and information provided for an advance directive.

TX SB1724

Relating to advance directives and health care treatment decisions made by or on behalf of patients, including a review of those directives and decisions.

TX SB1952

Relating to advance directives and health care treatment decisions made by or on behalf of patients, including a review of those directives and decisions.

TX HB4989

Relating to the presumption of validity for an advance directive and permissible forms of a medical power of attorney.

TX HB3162

Relating to advance directives, do-not-resuscitate orders, and health care treatment decisions made by or on behalf of certain patients, including a review of directives and decisions.

TX HB1873

Relating to patients' rights, consumer protection, and directives for the provision of health care services; providing an administrative penalty.

TX SB1779

Relating to the adoption of the Uniform Electronic Estate Planning Documents Act.

TX HB18

Relating to the protection of minors from harmful, deceptive, or unfair trade practices in connection with the use of certain digital services and electronic devices, including the use and transfer of electronic devices to students by a public school.

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