82R1523 GCB-F
By: Menendez H.B. No. 383
A BILL TO BE ENTITLED
AN ACT
relating to allowing a surrogate decision-maker to consent to
certain medical treatments on behalf of an inmate of a correctional
facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 501, Government Code, is
amended by adding Section 501.067 to read as follows:
Sec. 501.067. CONSENT TO MEDICAL TREATMENT BY SURROGATE
DECISION-MAKER. (a) In this section:
(1) "Correctional facility" has the meaning assigned
by Section 1.07, Penal Code.
(2) "Inmate" means a person confined in a correctional
facility.
(b) If an adult inmate 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 inmate may consent to medical treatment on behalf of
the inmate:
(1) a person authorized to make health care decisions
on the inmate's behalf by a medical power of attorney;
(2) the inmate's spouse;
(3) an adult child of the inmate who has the waiver and
consent of all other qualified adult children of the inmate to act
as the sole decision-maker;
(4) a majority of the inmate's reasonably available
adult children;
(5) a parent of the inmate; or
(6) an individual clearly identified to act for the
inmate by the inmate before the inmate became incapacitated.
(c) A dispute as to the right of a party to act as a
surrogate decision-maker may be resolved only by a court having
jurisdiction under the Texas Probate Code.
(d) Any consent to medical treatment under Subsection (b)
must be based on knowledge of what the inmate would desire, if
known.
(e) Notwithstanding any other provision of this chapter, a
surrogate decision-maker may not consent to:
(1) administration of psychoactive medication;
(2) inpatient mental health services;
(3) electroconvulsive therapy;
(4) any medical treatment intended solely to restore
competency under Chapter 46B, Code of Criminal Procedure; or
(5) the appointment of another surrogate
decision–maker.
(f) If an inmate 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 in the inmate's medical record:
(1) the inmate's comatose state, incapacity, or other
mental or physical inability to communicate; and
(2) the proposed medical treatment.
(g) The attending physician shall make a reasonably
diligent effort to contact or cause to be contacted the persons
eligible to serve as surrogate decision-makers as provided by
Subsection (b), and shall record that effort in the inmate's
medical record.
(h) If a surrogate decision-maker consents to medical
treatment on behalf of the inmate, the attending physician shall
record the date and time of the consent and sign the inmate's
medical record. The surrogate decision-maker shall sign the
inmate's medical record or execute an informed consent form.
(i) A surrogate decision-maker's consent to medical
treatment that is not made in person shall be reduced to writing in
the inmate's medical record and must be signed by the official of
the correctional facility who witnessed the surrogate
decision-maker giving the consent. The inmate's medical record or
an informed consent form must be signed by the surrogate
decision-maker as soon as practicable.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.