84R11527 KKR-D
By: Zerwas H.B. No. 1874
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the Palliative Care
Interdisciplinary Advisory Council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The legislature finds that:
(1) palliative care is person-centered,
family-focused care that provides a patient with relief from the
symptoms, pain, and stress of a serious illness;
(2) palliative care is provided by a team of
physicians, nurses, and other health care specialists in order to
provide an additional layer of support to a patient during the
treatment of a serious illness;
(3) palliative care is appropriate for a patient of
any age and at any stage of a serious illness; and
(4) growing evidence shows that palliative care can
reduce medical costs in addition to helping a patient recover from a
serious illness more quickly and easily.
SECTION 2. Subtitle E, Title 2, Health and Safety Code, is
amended by adding Chapter 118 to read as follows:
CHAPTER 118. PALLIATIVE CARE INTERDISCIPLINARY ADVISORY COUNCIL
Sec. 118.001. DEFINITIONS. In this chapter:
(1) "Advisory council" means the Palliative Care
Interdisciplinary Advisory Council established under this chapter.
(2) "Commission" means the Health and Human Services
Commission.
(3) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
Sec. 118.002. ESTABLISHMENT; PURPOSE. The commission shall
establish the Palliative Care Interdisciplinary Advisory Council
to assess the availability of patient-centered and family-focused
palliative care in this state.
Sec. 118.003. APPLICATION OF SUNSET ACT. The advisory
council is subject to Chapter 325, Government Code (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the advisory council is abolished and this chapter expires
September 1, 2019.
Sec. 118.004. MEMBERS. (a) The advisory council is
composed of the members appointed by the executive commissioner as
provided by this section.
(b) The advisory council must include:
(1) at least five physician members, including two who
are board certified in hospice and palliative care;
(2) at least two advanced practice registered nurse
members who are board certified in hospice and palliative care;
(3) seven health care professional members, including
nurses, social workers, pharmacists, and spiritual care
professionals, with:
(A) experience providing palliative care to
pediatric, youth, or adult populations;
(B) expertise in palliative care delivery in an
inpatient, outpatient, or community setting; or
(C) expertise in interdisciplinary palliative
care;
(4) at least one member with experience as an advocate
for patients and family caregivers; and
(5) ex officio representatives of the commission or
another state agency as the executive commissioner determines
appropriate.
(c) Advisory council members serve at the pleasure of the
executive commissioner.
Sec. 118.005. TERMS; VACANCY. (a) An advisory council
member serves a four-year term.
(b) If a vacancy occurs on the advisory council, a person
shall be appointed to fill the vacancy for the unexpired term.
Sec. 118.006. OFFICERS. Advisory council members shall:
(1) elect a chair and a vice chair; and
(2) establish the duties of the chair and the vice
chair.
Sec. 118.007. MEETINGS. The executive commissioner shall
set a time and place for regular meetings, which must occur at least
twice each year.
Sec. 118.008. COMPENSATION AND REIMBURSEMENT. A member of
the advisory council may not receive compensation for service on
the advisory council but is entitled to reimbursement of the travel
expenses incurred by the member while conducting the business of
the advisory council, as provided by the General Appropriations
Act.
Sec. 118.009. DUTIES. The advisory council shall consult
with and advise the commission on matters related to the
establishment, maintenance, operation, and outcome evaluation of
the palliative care consumer and professional information and
education program established under Section 118.011.
Sec. 118.010. REPORT. Not later than October 1 of each
even-numbered year, the advisory council shall submit a biennial
report to the standing committees of the senate and the house of
representatives with primary jurisdiction over health matters on:
(1) the advisory council's assessment of the
availability of palliative care in this state for patients in the
early stages of serious disease; and
(2) the advisory council's analysis of barriers to
greater access to palliative care.
Sec. 118.011. INFORMATION AND EDUCATION PROGRAM. (a) The
commission, in consultation with the advisory council, shall
establish a statewide palliative care consumer and professional
information and education program to ensure that comprehensive and
accurate information and education about palliative care is
available to the public, health care providers, and health care
facilities.
(b) The commission shall make available on its Internet
website information and resources regarding palliative care,
including:
(1) links to external resources regarding palliative
care;
(2) continuing education opportunities for health
care providers;
(3) information about palliative care delivery in the
home, primary, secondary, and tertiary environments; and
(4) consumer educational materials regarding
palliative care, including hospice care.
Sec. 118.012. PROTECTIONS. Notwithstanding any other law,
this chapter does not create a cause of action or create a standard
of care, obligation, or duty that provides a basis for a cause of
action.
SECTION 3. Not later than December 1, 2015, the Health and
Human Services Commission shall establish the Palliative Care
Interdisciplinary Advisory Council and the executive commissioner
of the Health and Human Services Commission shall appoint the
advisory council members as required by Chapter 118, Health and
Safety Code, as added by this Act.
SECTION 4. 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, 2015.