83R7888 JSC-F
By: Perry H.B. No. 1539
A BILL TO BE ENTITLED
AN ACT
relating to certain advance directives and health care and
treatment decisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 166.045(c) and (d), Health and Safety
Code, are amended to read as follows:
(c) If an attending physician refuses to comply with a
directive or treatment decision for a reason not prohibited under
Section 166.0455 and does not wish to follow the procedure
established under Section 166.046, life-sustaining treatment shall
be provided to the patient, but only until a reasonable opportunity
has been afforded for the transfer of the patient to another
physician or health care facility willing to comply with the
directive or treatment decision.
(d) A physician, health professional acting under the
direction of a physician, or health care facility is not civilly or
criminally liable or subject to review or disciplinary action by
the person's appropriate licensing board if the person has not
violated Section 166.0455 and has complied with the procedures
outlined in Section 166.046.
SECTION 2. Subchapter B, Chapter 166, Health and Safety
Code, is amended by adding Section 166.0455 to read as follows:
Sec. 166.0455. LIMITATION ON REFUSAL TO EFFECTUATE CERTAIN
ADVANCE DIRECTIVES OR TREATMENT DECISIONS. A physician, health
care facility, or health care professional may not refuse to honor a
patient's advance directive or a health care or treatment decision
made by or on behalf of a patient that directs the provision of
life-sustaining treatment and may not consider life-sustaining
treatment to be inappropriate treatment under Section 166.046 based
on:
(1) the lesser value the physician, facility, or
professional places on extending the life of an elderly, disabled,
or terminally ill patient compared to the value of extending the
life of a patient who is younger, not disabled, or not terminally
ill; or
(2) a disagreement between the physician, facility, or
professional and the patient, or the person authorized to make a
treatment decision for the patient under Section 166.039, over the
greater weight the patient or person places on extending the
patient's life above the risk of disability.
SECTION 3. Section 166.046, Health and Safety Code, is
amended by amending Subsections (a) and (g) and adding Subsection
(c-1) to read as follows:
(a) If an attending physician refuses to honor a patient's
advance directive or a health care or treatment decision made by or
on behalf of a patient for a reason not prohibited under Section
166.0455, the physician's refusal shall be reviewed by an ethics or
medical committee. The attending physician may not be a member of
that committee. The patient shall be given life-sustaining
treatment during the review.
(c-1) If, during the course of the committee review process,
the ethics or medical committee finds that the physician refused to
honor a patient's advanced directive or health care or treatment
decision made by or on behalf of the patient for a reason prohibited
under Section 166.0455, the committee may not approve withdrawal of
life-sustaining treatment to that patient on the basis of that
physician's evaluation.
(g) At the request of the patient or the person responsible
for the health care decisions of the patient, the appropriate
district or county court shall extend the time period provided
under Subsection (e) only if the court finds, by a preponderance of
the evidence, that:
(1) there is a reasonable expectation that a physician
or health care facility that will honor the patient's directive
will be found if the time extension is granted; or
(2) the decision to withdraw life-sustaining
treatment is for a reason prohibited under Section 166.0455.
SECTION 4. Section 166.051, Health and Safety Code, is
amended to read as follows:
Sec. 166.051. LEGAL RIGHT OR RESPONSIBILITY NOT AFFECTED.
This subchapter does not impair or supersede any legal right or
responsibility a person may have to effect the withholding or
withdrawal of life-sustaining treatment in a lawful manner,
provided that if an attending physician or health care facility is
unwilling to honor a patient's advance directive or a treatment
decision to provide life-sustaining treatment for a reason not
prohibited under Section 166.0455, life-sustaining treatment is
required to be provided the patient, but only until a reasonable
opportunity has been afforded for transfer of the patient to
another physician or health care facility willing to comply with
the advance directive or treatment decision.
SECTION 5. Section 166.158(c), Health and Safety Code, is
amended to read as follows:
(c) A principal's health or residential care provider who
finds it impossible to follow a directive by the agent because of a
conflict with this subchapter or the medical power of attorney
shall inform the agent as soon as is reasonably possible. The agent
may select another attending physician. The procedures established
under Sections 166.045 and 166.046 and the limitations provided
under Section 166.0455 apply if the agent's directive concerns
providing, withholding, or withdrawing life-sustaining treatment.
SECTION 6. Section 166.166, Health and Safety Code, is
amended to read as follows:
Sec. 166.166. OTHER RIGHTS OR RESPONSIBILITIES NOT
AFFECTED. This subchapter does not limit or impair any legal right
or responsibility that any person, including a physician or health
or residential care provider, may have to make or implement health
care decisions on behalf of a person, provided that if an attending
physician or health care facility is unwilling to honor a patient's
advance directive or a treatment decision to provide
life-sustaining treatment for a reason not prohibited under Section
166.0455, life-sustaining treatment is required to be provided the
patient, but only until a reasonable opportunity has been afforded
for transfer of the patient to another physician or health care
facility willing to comply with the advance directive or treatment
decision.
SECTION 7. The changes in law made by this Act apply only to
a health care or treatment decision made on or after the effective
date of this Act.
SECTION 8. 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, 2013.