Texas 2011 - 82nd Regular

Texas House Bill HB1128 Compare Versions

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1	1	By: Menendez (Senate Sponsor - Van de Putte) H.B. No. 1128
2	2	(In the Senate - Received from the House May 12, 2011;
3	3	May 12, 2011, read first time and referred to Committee on
4	4	Administration; May 17, 2011, reported favorably by the following
5	5	vote: Yeas 4, Nays 0; May 17, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to consent to certain medical treatments by a surrogate
11	11	decision-maker on behalf of certain inmates.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 313.002(8), Health and Safety Code, is
14	14	amended to read as follows:
15	15	(8) "Patient" means a person who:
16	16	(A) is admitted to a hospital;
17	17	(B) is residing in a nursing home; [or]
18	18	(C) is receiving services from a home and
19	19	community support services agency; or
20	20	(D) is an inmate of a county or municipal jail.
21	21	SECTION 2. Section 313.004, Health and Safety Code, is
22	22	amended by amending Subsection (a) and adding Subsections (e) and
23	23	(f) to read as follows:
24	24	(a) If an adult patient of a home and community support
25	25	services agency or in a hospital or nursing home, or an adult inmate
26	26	of a county or municipal jail, is comatose, incapacitated, or
27	27	otherwise mentally or physically incapable of communication, an
28	28	adult surrogate from the following list, in order of priority, who
29	29	has decision-making capacity, is available after a reasonably
30	30	diligent inquiry, and is willing to consent to medical treatment on
31	31	behalf of the patient may consent to medical treatment on behalf of
32	32	the patient:
33	33	(1) the patient's spouse;
34	34	(2) an adult child of the patient who has the waiver
35	35	and consent of all other qualified adult children of the patient to
36	36	act as the sole decision-maker;
37	37	(3) a majority of the patient's reasonably available
38	38	adult children;
39	39	(4) the patient's parents; or
40	40	(5) the individual clearly identified to act for the
41	41	patient by the patient before the patient became incapacitated, the
42	42	patient's nearest living relative, or a member of the clergy.
43	43	(e) Notwithstanding any other provision of this chapter, if
44	44	the patient is an adult inmate of a county or municipal jail, a
45	45	surrogate decision-maker may not also consent to:
46	46	(1) psychotropic medication;
47	47	(2) involuntary inpatient mental health services; or
48	48	(3) psychiatric services calculated to restore
49	49	competency to stand trial.
50	50	(f) A person who is an available adult surrogate, as
51	51	described by Subsection (a), may consent to medical treatment on
52	52	behalf of a patient who is an adult inmate of a county or municipal
53	53	jail only for a period that expires on the earlier of the 120th day
54	54	after the date the person agrees to act as an adult surrogate for
55	55	the patient or the date the inmate is released from jail. At the
56	56	conclusion of the period, a successor surrogate may not be
57	57	appointed and only the patient or the patient's appointed guardian
58	58	of the person, if the patient is a ward under Chapter XIII, Texas
59	59	Probate Code, may consent to medical treatment.
60	60	SECTION 3. Section 313.005(a), Health and Safety Code, is
61	61	amended to read as follows:
62	62	(a) If an adult patient of a home and community support
63	63	services agency or in a hospital or nursing home, or an adult inmate
64	64	of a county or municipal jail, is comatose, incapacitated, or
65	65	otherwise mentally or physically incapable of communication and,
66	66	according to reasonable medical judgment, is in need of medical
67	67	treatment, the attending physician shall describe the:
68	68	(1) patient's comatose state, incapacity, or other
69	69	mental or physical inability to communicate in the patient's
70	70	medical record; and
71	71	(2) proposed medical treatment in the patient's
72	72	medical record.
73	73	SECTION 4. This Act takes effect September 1, 2011.
74	74	* * * * *