By: Zerwas, et al. (Senate Sponsor - Huffman) H.B. No. 1874
(In the Senate - Received from the House May 7, 2015;
May 11, 2015, read first time and referred to Committee on Health
and Human Services; May 20, 2015, reported favorably by the
following vote: Yeas 7, Nays 0; May 20, 2015, sent to printer.)
Click here to see the committee vote
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 to ensure 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) 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. DEFINITION. In this chapter, "advisory
council" means the Palliative Care Interdisciplinary Advisory
Council established under this chapter.
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 and one who is
board certified in pain management;
(2) three palliative care practitioner members,
including two advanced practice registered nurses who are board
certified in hospice and palliative care and one physician
assistant who has experience providing palliative care;
(3) four health care professional members, including a
nurse, a social worker, a pharmacist, and a spiritual care
professional, 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 three members with experience as an
advocate for patients and the patients' family caregivers and who
are independent of a hospital or other health care facility,
including at least one member who is a representative of an
established patient advocacy organization; 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;
(2) the advisory council's analysis of barriers to
greater access to palliative care; and
(3) the advisory council's analysis of the policies,
practices, and protocols in this state concerning patients' rights
related to palliative care, including:
(A) whether a palliative care team member may
introduce palliative care options to a patient without the consent
of the patient's attending physician;
(B) the practices and protocols for discussions
between a palliative care team member and a patient on
life-sustaining treatment or advance directives decisions; and
(C) the practices and protocols on informed
consent and disclosure requirements for palliative care services.
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 are
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,
the advisory council and the information and education program
established under this chapter do 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.
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