83R9574 SCL-F
By: Ashby H.B. No. 1750
A BILL TO BE ENTITLED
AN ACT
relating to the development and distribution of information
regarding certain breast surgeries for patients.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 86, Health and Safety Code, is amended by
adding Subchapter B-1 to read as follows:
SUBCHAPTER B-1. INFORMATIONAL MATERIALS REGARDING CERTAIN BREAST
SURGERIES
Sec. 86.051. DEVELOPMENT OF EDUCATIONAL INFORMATION. (a)
The department, in consultation with the advisory council
established under Section 86.003, shall develop written
information in language a patient can understand concerning the
advantages, disadvantages, risks, and descriptions of all
medically efficacious and viable alternatives for the treatment of
breast cancer, including information concerning mastectomy
surgery, lymph node dissection, lumpectomy, and reconstructive
breast surgery. The department may review and adopt educational
information from another state or organization if the department
finds that the information is appropriate for patient education
under this section.
(b) The department, in consultation with the advisory
council established under Section 86.003, shall review and revise
the written materials under Subsection (a) at least once every
three years.
Sec. 86.052. PUBLICATION OF EDUCATIONAL INFORMATION. (a)
The department shall make the information developed under Section
86.051 available on its Internet website and in a paper format.
(b) The Texas Medical Board shall make the information
developed under Section 86.051 available on its Internet website.
SECTION 2. Chapter 162, Occupations Code, is amended by
adding Subchapter F to read as follows:
SUBCHAPTER F. PATIENT EDUCATION ABOUT CERTAIN BREAST SURGERIES
Sec. 162.251. PROVISION OF INFORMATION TO PATIENTS
REGARDING CERTAIN BREAST SURGERIES. (a) On diagnosis of breast
cancer, a physician or surgeon, as appropriate, shall make
available the written information described by Subchapter B-1,
Chapter 86, Health and Safety Code, relating to mastectomy surgery,
lymph node dissection, lumpectomy, and reconstructive breast
surgery.
(b) In making available the written information described
by Subchapter B-1, Chapter 86, Health and Safety Code, the
physician or surgeon shall exercise professional judgment in
determining for each individual patient the timing, scope of
discussion, and recommendations for treatment, including
reconstructive breast surgery.
(c) The physician or surgeon may make available in an
appropriate manner the written information described by Subchapter
B-1, Chapter 86, Health and Safety Code, to a patient or a person
who can give consent to treatment for the patient, including:
(1) by making written materials available in the
office or clinic; or
(2) by referring the patient or the person who can give
consent to treatment for the patient to the Internet website of the
Department of State Health Services or the board containing the
information.
SECTION 3. (a) The Department of State Health Services
shall make available the information required by Subchapter B-1,
Chapter 86, Health and Safety Code, as added by this Act, on its
Internet website and in paper form not later than January 1, 2014.
(b) The Texas Medical Board shall make available the
information required by Subchapter B-1, Chapter 86, Health and
Safety Code, as added by this Act, on its Internet website not later
than January 1, 2014.
(c) A physician or surgeon is not required to comply with
Subchapter F, Chapter 162, Occupations Code, as added by this Act,
before February 1, 2014.
SECTION 4. This Act takes effect September 1, 2013.