Texas 2009 - 81st Regular

Texas Senate Bill SB1663

Filed
 
Out of Senate Committee
4/24/09  
Voted on by Senate
5/12/09  
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the disregard or violation of a resident's advance directive by a nursing institution; providing penalties.

Impact

The bill strengthens existing laws under the Health and Safety Code by explicitly defining actions that constitute abuse and neglect concerning advance directives. By categorizing the violation of these directives as abuse, the bill seeks to protect vulnerable residents in nursing facilities from potential neglect or substandard care arising from non-compliance with their stated health care preferences.

Summary

SB1663 addresses the critical issue of compliance with a resident's advance directive within nursing institutions in Texas. The bill proposes that nursing facilities face administrative penalties for knowingly disregarding or violating a resident's advance directive, thereby emphasizing the importance of respecting the wishes of individuals regarding their medical treatment preferences. This aligns with broader healthcare goals of ensuring patient autonomy and respect for personal decisions, especially at the end of life.

Contention

Notable points of contention may arise regarding the enforcement of such penalties and the definition of 'knowingly' in the context of disregarding advance directives. Facilities may argue about the ambiguity in determining what constitutes a violation, which could lead to potential legal challenges. Additionally, nursing institutions may raise concerns about the implications this bill has on their operational protocols and the burden of compliance, which could affect the delivery of care.

Final_thought

Overall, SB1663 represents a significant step towards enhancing protections for residents in nursing institutions and underscores the legislative commitment to uphold personal rights within healthcare settings. Careful consideration of the enforcement mechanisms and potential administrative burdens will be crucial as the bill progresses through the legislative process.

Companion Bills

No companion bills found.

Previously Filed As

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 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 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 HB4989

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

TX SB1700

Relating to the licensing and authority of advanced practice registered nurses.

TX HB2324

Relating to the regulation of certain health professionals and health facilities; providing civil and administrative penalties; creating a criminal offense.

TX HB1873

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

TX HB2459

Relating to the administration of violations and administrative penalties of the employment of children.

Similar Bills

CA AB850

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TX SB174

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CA AB1344

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NJ S3566

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NJ A3422

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NJ A5181

Revises calculation of student financial need and provides circumstances for reduction of financial aid at institutions of higher education and proprietary institutions.

CA AB70

Private postsecondary education: California Private Postsecondary Education Act of 2009.

CA AB3167

California Private Postsecondary Education Act of 2009: highly qualified private nonprofit institution.