By: Wentworth S.B. No. 1663
A BILL TO BE ENTITLED
AN ACT
relating to the disregard or violation of a resident's advance
directive by a nursing institution; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 242.061, Health and Safety Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) The department, after providing notice and
opportunity for a hearing to a license holder, shall suspend or
revoke a license if the department finds that the license holder has
been assessed three or more administrative penalties for violating
Section 242.0663(a)(2).
SECTION 2. Section 242.0663, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsections (d), (e),
and (f) to read as follows:
(a) The department shall assess an administrative penalty
under this subchapter against an institution that:
(1) violates Section 166.004; or
(2) knowingly employs or has on staff a health care
practitioner who knowingly disregards or violates a resident's
advance directive if the institution has included a statement in
its written policies maintained under Section 166.004 that the
institution will follow a resident's advance directive.
(d) A person, including an owner or employee of an
institution, who has cause to believe that a resident's advance
directive has been or may be knowingly disregarded in violation of a
written policy maintained under Section 166.004 shall report such
violation consistent with the requirements of Section 242.123.
(e) It is not a violation of this section or any other law if
an institution, its owners, employees, agents, or physicians in
good faith attempt to resuscitate a resident because the
institution, its owners, employees, agents, or physicians who
practice in the institution reasonably believe that the process of
dying appears to be the result of an accident, unnatural causes, or
suspicious circumstances.
(f) To the extent consistent with federal law, an
institution may, on the basis of conscience, object to honoring an
advanced directive if the institution includes in its policies and
explains to each prospective resident before admission to the
institution the circumstances under which the institution would not
follow instructions of an advanced directive. The policies and
explanation must include the following:
(1) a clear and precise statement of limitations that
result from the institution's objection to implement advanced
directives based on conscience;
(2) a description of the differences between an
institution-wide policy of objection on the basis of conscience and
an objection that may be raised by an individual healthcare
provider; and
(3) a description of the range of medical conditions
or procedures affected by an objection based on conscience.
SECTION 3. This Act takes effect September 1, 2009.