Texas 2011 - 82nd Regular

Texas Senate Bill SB856 Compare Versions

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1	1	By: Van de Putte, Deuell S.B. No. 856
2	2	(In the Senate - Filed February 22, 2011; March 1, 2011,
3	3	read first time and referred to Committee on Health and Human
4	4	Services; May 6, 2011, reported favorably by the following vote:
5	5	Yeas 9, Nays 0; May 6, 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 313.004, Health and Safety Code, is
14	14	amended by amending Subsection (a) and adding Subsection (e) to
15	15	read as follows:
16	16	(a) If an adult patient of a home and community support
17	17	services agency or in a hospital or nursing home, or an adult inmate
18	18	of a county or municipal jail, is comatose, incapacitated, or
19	19	otherwise mentally or physically incapable of communication, an
20	20	adult surrogate from the following list, in order of priority, who
21	21	has decision-making capacity, is available after a reasonably
22	22	diligent inquiry, and is willing to consent to medical treatment on
23	23	behalf of the patient may consent to medical treatment on behalf of
24	24	the patient:
25	25	(1) the patient's spouse;
26	26	(2) an adult child of the patient who has the waiver
27	27	and consent of all other qualified adult children of the patient to
28	28	act as the sole decision-maker;
29	29	(3) a majority of the patient's reasonably available
30	30	adult children;
31	31	(4) the patient's parents; or
32	32	(5) the individual clearly identified to act for the
33	33	patient by the patient before the patient became incapacitated, the
34	34	patient's nearest living relative, or a member of the clergy.
35	35	(e) Notwithstanding any other provision of this chapter, if
36	36	the patient is an adult inmate of a county or municipal jail, a
37	37	surrogate decision-maker may not also consent to:
38	38	(1) psychotropic medication;
39	39	(2) involuntary inpatient mental health services; or
40	40	(3) psychiatric services calculated to restore
41	41	competency to stand trial.
42	42	SECTION 2. Subsection (a), Section 313.005, Health and
43	43	Safety Code, is amended to read as follows:
44	44	(a) If an adult patient of a home and community support
45	45	services agency or in a hospital or nursing home, or an adult inmate
46	46	of a county or municipal jail, is comatose, incapacitated, or
47	47	otherwise mentally or physically incapable of communication and,
48	48	according to reasonable medical judgment, is in need of medical
49	49	treatment, the attending physician shall describe the:
50	50	(1) patient's comatose state, incapacity, or other
51	51	mental or physical inability to communicate in the patient's
52	52	medical record; and
53	53	(2) proposed medical treatment in the patient's
54	54	medical record.
55	55	SECTION 3. This Act takes effect September 1, 2011.
56	56	* * * * *