82R24416 GCB-F
By: Menendez H.B. No. 1128
Substitute the following for H.B. No. 1128:
By: Naishtat C.S.H.B. No. 1128
A BILL TO BE ENTITLED
AN ACT
relating to consent to certain medical treatments by a surrogate
decision-maker on behalf of certain inmates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 313.002(8), Health and Safety Code, is
amended to read as follows:
(8) "Patient" means a person who:
(A) is admitted to a hospital;
(B) is residing in a nursing home; [or]
(C) is receiving services from a home and
community support services agency; or
(D) is an inmate of a county or municipal jail.
SECTION 2. Section 313.004, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsections (e) and
(f) to read as follows:
(a) If an adult patient of a home and community support
services agency or in a hospital or nursing home, or an adult inmate
of a county or municipal jail, is comatose, incapacitated, or
otherwise mentally or physically incapable of communication, an
adult surrogate from the following list, in order of priority, who
has decision-making capacity, is available after a reasonably
diligent inquiry, and is willing to consent to medical treatment on
behalf of the patient may consent to medical treatment on behalf of
the patient:
(1) the patient's spouse;
(2) an adult child of the patient who has the waiver
and consent of all other qualified adult children of the patient to
act as the sole decision-maker;
(3) a majority of the patient's reasonably available
adult children;
(4) the patient's parents; or
(5) the individual clearly identified to act for the
patient by the patient before the patient became incapacitated, the
patient's nearest living relative, or a member of the clergy.
(e) Notwithstanding any other provision of this chapter, if
the patient is an adult inmate of a county or municipal jail, a
surrogate decision-maker may not also consent to:
(1) psychotropic medication;
(2) involuntary inpatient mental health services; or
(3) psychiatric services calculated to restore
competency to stand trial.
(f) A person who is an available adult surrogate, as
described by Subsection (a), may consent to medical treatment on
behalf of a patient who is an adult inmate of a county or municipal
jail only for a period that expires on the earlier of the 120th day
after the date the person agrees to act as an adult surrogate for
the patient or the date the inmate is released from jail. At the
conclusion of the period, a successor surrogate may not be
appointed and only the patient or the patient's appointed guardian
of the person, if the patient is a ward under Chapter XIII, Texas
Probate Code, may consent to medical treatment.
SECTION 3. Section 313.005(a), Health and Safety Code, is
amended to read as follows:
(a) If an adult patient of a home and community support
services agency or in a hospital or nursing home, or an adult inmate
of a county or municipal jail, is comatose, incapacitated, or
otherwise mentally or physically incapable of communication and,
according to reasonable medical judgment, is in need of medical
treatment, the attending physician shall describe the:
(1) patient's comatose state, incapacity, or other
mental or physical inability to communicate in the patient's
medical record; and
(2) proposed medical treatment in the patient's
medical record.
SECTION 4. This Act takes effect September 1, 2011.