10 | 4 | | AN ACT |
---|
11 | 5 | | relating to the provision of artificially administered nutrition |
---|
12 | 6 | | and hydration and life-sustaining treatment. |
---|
13 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
14 | 8 | | SECTION 1. Sections 166.002(2) and (10), Health and Safety |
---|
15 | 9 | | Code, are amended to read as follows: |
---|
16 | 10 | | (2) "Artificially administered [Artificial] nutrition |
---|
17 | 11 | | and hydration" means the provision of nutrients or fluids by a tube |
---|
18 | 12 | | inserted in a vein, under the skin in the subcutaneous tissues, or |
---|
19 | 13 | | in the [stomach (]gastrointestinal tract[)]. |
---|
20 | 14 | | (10) "Life-sustaining treatment" means treatment |
---|
21 | 15 | | that, based on reasonable medical judgment, sustains the life of a |
---|
22 | 16 | | patient and without which the patient will die. The term includes |
---|
23 | 17 | | both life-sustaining medications and artificial life support, such |
---|
24 | 18 | | as mechanical breathing machines, kidney dialysis treatment, and |
---|
25 | 19 | | artificially administered [artificial] nutrition and hydration. |
---|
26 | 20 | | The term does not include the administration of pain management |
---|
27 | 21 | | medication or the performance of a medical procedure considered to |
---|
28 | 22 | | be necessary to provide comfort care, or any other medical care |
---|
29 | 23 | | provided to alleviate a patient's pain. |
---|
30 | 24 | | SECTION 2. Section 166.003, Health and Safety Code, is |
---|
31 | 25 | | amended to read as follows: |
---|
32 | 26 | | Sec. 166.003. WITNESSES. In any circumstance in which this |
---|
33 | 27 | | chapter requires the execution of an advance directive or the |
---|
34 | 28 | | issuance of a nonwritten advance directive to be witnessed: |
---|
35 | 29 | | (1) each witness must be a competent adult; and |
---|
36 | 30 | | (2) at least one of the witnesses must be a person who |
---|
37 | 31 | | is not: |
---|
38 | 32 | | (A) a person designated by the declarant to make |
---|
39 | 33 | | a health care or treatment decision; |
---|
40 | 34 | | (B) a person related to the declarant by blood or |
---|
41 | 35 | | marriage; |
---|
42 | 36 | | (C) a person entitled to any part of the |
---|
43 | 37 | | declarant's estate after the declarant's death under a will or |
---|
44 | 38 | | codicil executed by the declarant or by operation of law; |
---|
45 | 39 | | (D) the attending physician; |
---|
46 | 40 | | (E) an employee of the attending physician; |
---|
47 | 41 | | (F) an employee of a health care facility in |
---|
48 | 42 | | which the declarant is a patient if the employee is providing direct |
---|
49 | 43 | | patient care to the declarant or is an officer, director, partner, |
---|
50 | 44 | | or business office employee of the health care facility or of any |
---|
51 | 45 | | parent organization of the health care facility; or |
---|
52 | 46 | | (G) a person who, at the time the written advance |
---|
53 | 47 | | directive is executed or, if the directive is a nonwritten |
---|
54 | 48 | | directive issued under this chapter, at the time the nonwritten |
---|
55 | 49 | | directive is issued, has a claim against any part of the declarant's |
---|
56 | 50 | | estate after the declarant's death. |
---|
57 | 51 | | SECTION 3. Section 166.032(c), Health and Safety Code, is |
---|
58 | 52 | | amended to read as follows: |
---|
59 | 53 | | (c) A declarant may include in a directive directions other |
---|
60 | 54 | | than those provided by Section 166.033 and may designate in a |
---|
61 | 55 | | directive a person to make a health care or treatment decision for |
---|
62 | 56 | | the declarant in the event the declarant becomes incompetent or |
---|
63 | 57 | | otherwise mentally or physically incapable of communication. |
---|
64 | 58 | | SECTION 4. Section 166.033, Health and Safety Code, is |
---|
65 | 59 | | amended to read as follows: |
---|
66 | 60 | | Sec. 166.033. FORM OF WRITTEN DIRECTIVE. A written |
---|
67 | 61 | | directive may be in the following form: |
---|
68 | 62 | | DIRECTIVE TO PHYSICIANS AND FAMILY OR SURROGATES |
---|
69 | 63 | | Instructions for completing this document: |
---|
70 | 64 | | This is an important legal document known as an Advance |
---|
71 | 65 | | Directive. It is designed to help you communicate your wishes about |
---|
72 | 66 | | medical treatment at some time in the future when you are unable to |
---|
73 | 67 | | make your wishes known because of illness or injury. These wishes |
---|
74 | 68 | | are usually based on personal values. In particular, you may want |
---|
75 | 69 | | to consider what burdens or hardships of treatment you would be |
---|
76 | 70 | | willing to accept for a particular amount of benefit obtained if you |
---|
77 | 71 | | were seriously ill. |
---|
78 | 72 | | You are encouraged to discuss your values and wishes with |
---|
79 | 73 | | your family or chosen spokesperson, as well as your physician. Your |
---|
80 | 74 | | physician, other health care provider, or medical institution may |
---|
81 | 75 | | provide you with various resources to assist you in completing your |
---|
82 | 76 | | advance directive. Brief definitions are listed below and may aid |
---|
83 | 77 | | you in your discussions and advance planning. Initial the |
---|
84 | 78 | | treatment choices that best reflect your personal preferences. |
---|
85 | 79 | | Provide a copy of your directive to your physician, usual hospital, |
---|
86 | 80 | | and family or spokesperson. Consider a periodic review of this |
---|
87 | 81 | | document. By periodic review, you can best assure that the |
---|
88 | 82 | | directive reflects your preferences. |
---|
89 | 83 | | In addition to this advance directive, Texas law provides for |
---|
90 | 84 | | two other types of directives that can be important during a serious |
---|
91 | 85 | | illness. These are the Medical Power of Attorney and the |
---|
92 | 86 | | Out-of-Hospital Do-Not-Resuscitate Order. You may wish to discuss |
---|
93 | 87 | | these with your physician, family, hospital representative, or |
---|
94 | 88 | | other advisers. You may also wish to complete a directive related |
---|
95 | 89 | | to the donation of organs and tissues. |
---|
96 | 90 | | DIRECTIVE |
---|
97 | 91 | | I, __________, recognize that the best health care is based |
---|
98 | 92 | | upon a partnership of trust and communication with my physician. My |
---|
99 | 93 | | physician and I will make health care or treatment decisions |
---|
100 | 94 | | together as long as I am of sound mind and able to make my wishes |
---|
101 | 95 | | known. If there comes a time that I am unable to make medical |
---|
102 | 96 | | decisions about myself because of illness or injury, I direct that |
---|
103 | 97 | | the following treatment preferences be honored: |
---|
104 | 98 | | If, in the judgment of my physician, I am suffering with a |
---|
105 | 99 | | terminal condition from which I am expected to die within six |
---|
106 | 100 | | months, even with available life-sustaining treatment provided in |
---|
107 | 101 | | accordance with prevailing standards of medical care: |
---|
108 | 102 | | __________ I request that all treatments other than those needed to keep me comfortable be discontinued or withheld and my physician allow me to die as gently as possible; OR __________ I request that all treatments other than those needed to keep me comfortable be discontinued or withheld and my physician allow me to die as gently as possible; OR |
---|
109 | 103 | | __________ I request that all treatments other than those needed to keep me comfortable be discontinued or withheld and my physician allow me to die as gently as possible; OR |
---|
110 | 104 | | __________ I request that I be kept alive in this terminal condition using available life-sustaining treatment. (THIS SELECTION DOES NOT APPLY TO HOSPICE CARE.) __________ I request that I be kept alive in this terminal condition using available life-sustaining treatment. (THIS SELECTION DOES NOT APPLY TO HOSPICE CARE.) |
---|
111 | 105 | | __________ I request that I be kept alive in this terminal condition using available life-sustaining treatment. (THIS SELECTION DOES NOT APPLY TO HOSPICE CARE.) |
---|
112 | 106 | | If, in the judgment of my physician, I am suffering with an |
---|
113 | 107 | | irreversible condition so that I cannot care for myself or make |
---|
114 | 108 | | decisions for myself and am expected to die without life-sustaining |
---|
115 | 109 | | treatment provided in accordance with prevailing standards of care: |
---|
116 | 110 | | __________ I request that all treatments other than those needed to keep me comfortable be discontinued or withheld and my physician allow me to die as gently as possible; OR __________ I request that all treatments other than those needed to keep me comfortable be discontinued or withheld and my physician allow me to die as gently as possible; OR |
---|
117 | 111 | | __________ I request that all treatments other than those needed to keep me comfortable be discontinued or withheld and my physician allow me to die as gently as possible; OR |
---|
118 | 112 | | __________ I request that I be kept alive in this irreversible condition using available life-sustaining treatment. (THIS SELECTION DOES NOT APPLY TO HOSPICE CARE.) __________ I request that I be kept alive in this irreversible condition using available life-sustaining treatment. (THIS SELECTION DOES NOT APPLY TO HOSPICE CARE.) |
---|
119 | 113 | | __________ I request that I be kept alive in this irreversible condition using available life-sustaining treatment. (THIS SELECTION DOES NOT APPLY TO HOSPICE CARE.) |
---|
120 | 114 | | Additional requests: (After discussion with your physician, |
---|
121 | 115 | | you may wish to consider listing particular treatments in this |
---|
122 | 116 | | space that you do or do not want in specific circumstances, such as |
---|
123 | 117 | | artificially administered [artificial] nutrition and hydration |
---|
124 | 118 | | [fluids], intravenous antibiotics, etc. Be sure to state whether |
---|
125 | 119 | | you do or do not want the particular treatment.) |
---|
126 | 120 | | After signing this directive, if my representative or I elect |
---|
127 | 121 | | hospice care, I understand and agree that only those treatments |
---|
128 | 122 | | needed to keep me comfortable would be provided and I would not be |
---|
129 | 123 | | given available life-sustaining treatments. |
---|
130 | 124 | | If I do not have a Medical Power of Attorney, and I am unable |
---|
131 | 125 | | to make my wishes known, I designate the following person(s) to make |
---|
132 | 126 | | health care or treatment decisions with my physician compatible |
---|
133 | 127 | | with my personal values: |
---|
134 | 128 | | 1. __________ |
---|
135 | 129 | | 2. __________ |
---|
136 | 130 | | (If a Medical Power of Attorney has been executed, then an |
---|
137 | 131 | | agent already has been named and you should not list additional |
---|
138 | 132 | | names in this document.) |
---|
139 | 133 | | If the above persons are not available, or if I have not |
---|
140 | 134 | | designated a spokesperson, I understand that a spokesperson will be |
---|
141 | 135 | | chosen for me following standards specified in the laws of Texas. |
---|
142 | 136 | | If, in the judgment of my physician, my death is imminent within |
---|
143 | 137 | | minutes to hours, even with the use of all available medical |
---|
144 | 138 | | treatment provided within the prevailing standard of care, I |
---|
145 | 139 | | acknowledge that all treatments may be withheld or removed except |
---|
146 | 140 | | those needed to maintain my comfort. I understand that under Texas |
---|
147 | 141 | | law this directive has no effect if I have been diagnosed as |
---|
148 | 142 | | pregnant. This directive will remain in effect until I revoke it. |
---|
149 | 143 | | No other person may do so. |
---|
150 | 144 | | Signed__________ Date__________ City, County, State of |
---|
151 | 145 | | Residence __________ |
---|
152 | 146 | | Two competent adult witnesses must sign below, acknowledging |
---|
153 | 147 | | the signature of the declarant. The witness designated as Witness 1 |
---|
154 | 148 | | may not be a person designated to make a health care or treatment |
---|
155 | 149 | | decision for the patient and may not be related to the patient by |
---|
156 | 150 | | blood or marriage. This witness may not be entitled to any part of |
---|
157 | 151 | | the estate and may not have a claim against the estate of the |
---|
158 | 152 | | patient. This witness may not be the attending physician or an |
---|
159 | 153 | | employee of the attending physician. If this witness is an employee |
---|
160 | 154 | | of a health care facility in which the patient is being cared for, |
---|
161 | 155 | | this witness may not be involved in providing direct patient care to |
---|
162 | 156 | | the patient. This witness may not be an officer, director, partner, |
---|
163 | 157 | | or business office employee of a health care facility in which the |
---|
164 | 158 | | patient is being cared for or of any parent organization of the |
---|
165 | 159 | | health care facility. |
---|
166 | 160 | | Witness 1 __________ Witness 2 __________ |
---|
167 | 161 | | Definitions: |
---|
168 | 162 | | "Artificially administered [Artificial] nutrition and |
---|
169 | 163 | | hydration" means the provision of nutrients or fluids by a tube |
---|
170 | 164 | | inserted in a vein, under the skin in the subcutaneous tissues, or |
---|
171 | 165 | | in the [stomach (]gastrointestinal tract[)]. |
---|
172 | 166 | | "Irreversible condition" means a condition, injury, or |
---|
173 | 167 | | illness: |
---|
174 | 168 | | (1) that may be treated, but is never cured or |
---|
175 | 169 | | eliminated; |
---|
176 | 170 | | (2) that leaves a person unable to care for or make |
---|
177 | 171 | | decisions for the person's own self; and |
---|
178 | 172 | | (3) that, without life-sustaining treatment provided |
---|
179 | 173 | | in accordance with the prevailing standard of medical care, is |
---|
180 | 174 | | fatal. |
---|
181 | 175 | | Explanation: Many serious illnesses such as cancer, failure |
---|
182 | 176 | | of major organs (kidney, heart, liver, or lung), and serious brain |
---|
183 | 177 | | disease such as Alzheimer's dementia may be considered irreversible |
---|
184 | 178 | | early on. There is no cure, but the patient may be kept alive for |
---|
185 | 179 | | prolonged periods of time if the patient receives life-sustaining |
---|
186 | 180 | | treatments. Late in the course of the same illness, the disease may |
---|
187 | 181 | | be considered terminal when, even with treatment, the patient is |
---|
188 | 182 | | expected to die. You may wish to consider which burdens of |
---|
189 | 183 | | treatment you would be willing to accept in an effort to achieve a |
---|
190 | 184 | | particular outcome. This is a very personal decision that you may |
---|
191 | 185 | | wish to discuss with your physician, family, or other important |
---|
192 | 186 | | persons in your life. |
---|
193 | 187 | | "Life-sustaining treatment" means treatment that, based on |
---|
194 | 188 | | reasonable medical judgment, sustains the life of a patient and |
---|
195 | 189 | | without which the patient will die. The term includes both |
---|
196 | 190 | | life-sustaining medications and artificial life support such as |
---|
197 | 191 | | mechanical breathing machines, kidney dialysis treatment, and |
---|
198 | 192 | | artificially administered nutrition and [artificial] hydration |
---|
199 | 193 | | [and nutrition]. The term does not include the administration of |
---|
200 | 194 | | pain management medication, the performance of a medical procedure |
---|
201 | 195 | | necessary to provide comfort care, or any other medical care |
---|
202 | 196 | | provided to alleviate a patient's pain. |
---|
203 | 197 | | "Terminal condition" means an incurable condition caused by |
---|
204 | 198 | | injury, disease, or illness that according to reasonable medical |
---|
205 | 199 | | judgment will produce death within six months, even with available |
---|
206 | 200 | | life-sustaining treatment provided in accordance with the |
---|
207 | 201 | | prevailing standard of medical care. |
---|
208 | 202 | | Explanation: Many serious illnesses may be considered |
---|
209 | 203 | | irreversible early in the course of the illness, but they may not be |
---|
210 | 204 | | considered terminal until the disease is fairly advanced. In |
---|
211 | 205 | | thinking about terminal illness and its treatment, you again may |
---|
212 | 206 | | wish to consider the relative benefits and burdens of treatment and |
---|
213 | 207 | | discuss your wishes with your physician, family, or other important |
---|
214 | 208 | | persons in your life. |
---|
215 | 209 | | SECTION 5. Sections 166.046(b) and (e), Health and Safety |
---|
216 | 210 | | Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular |
---|
217 | 211 | | Session, 2015, are amended to read as follows: |
---|
218 | 212 | | (b) The patient or the person responsible for the health |
---|
219 | 213 | | care decisions of the individual who has made the decision |
---|
220 | 214 | | regarding the directive or treatment decision: |
---|
221 | 215 | | (1) may be given a written description of the ethics or |
---|
222 | 216 | | medical committee review process and any other policies and |
---|
223 | 217 | | procedures related to this section adopted by the health care |
---|
224 | 218 | | facility; |
---|
225 | 219 | | (2) shall be informed of the committee review process |
---|
226 | 220 | | not less than 48 hours before the meeting called to discuss the |
---|
227 | 221 | | patient's directive, unless the time period is waived by mutual |
---|
228 | 222 | | agreement; |
---|
229 | 223 | | (3) at the time of being so informed, shall be |
---|
230 | 224 | | provided: |
---|
231 | 225 | | (A) a copy of the appropriate statement set forth |
---|
232 | 226 | | in Section 166.052; and |
---|
233 | 227 | | (B) a copy of the registry list of health care |
---|
234 | 228 | | providers and referral groups that have volunteered their readiness |
---|
235 | 229 | | to consider accepting transfer or to assist in locating a provider |
---|
236 | 230 | | willing to accept transfer that is posted on the website maintained |
---|
237 | 231 | | by the department under Section 166.053; and |
---|
238 | 232 | | (4) is entitled to: |
---|
239 | 233 | | (A) attend the meeting; [and] |
---|
240 | 234 | | (B) receive a written explanation of the decision |
---|
241 | 235 | | reached during the review process; |
---|
242 | 236 | | (C) receive a copy of the portion of the |
---|
243 | 237 | | patient's medical record related to the treatment received by the |
---|
244 | 238 | | patient in the facility for the lesser of: |
---|
245 | 239 | | (i) the period of the patient's current |
---|
246 | 240 | | admission to the facility; or |
---|
247 | 241 | | (ii) the preceding 30 calendar days; and |
---|
248 | 242 | | (D) receive a copy of all of the patient's |
---|
249 | 243 | | reasonably available diagnostic results and reports related to the |
---|
250 | 244 | | medical record provided under Paragraph (C). |
---|
251 | 245 | | (e) If the patient or the person responsible for the health |
---|
252 | 246 | | care decisions of the patient is requesting life-sustaining |
---|
253 | 247 | | treatment that the attending physician has decided and the ethics |
---|
254 | 248 | | or medical committee [review process] has affirmed is medically |
---|
255 | 249 | | inappropriate treatment, the patient shall be given available |
---|
256 | 250 | | life-sustaining treatment pending transfer under Subsection (d). |
---|
257 | 251 | | This subsection does not authorize withholding or withdrawing pain |
---|
258 | 252 | | management medication, medical procedures necessary to provide |
---|
259 | 253 | | comfort, or any other health care provided to alleviate a patient's |
---|
260 | 254 | | pain. The patient is responsible for any costs incurred in |
---|
261 | 255 | | transferring the patient to another facility. The attending |
---|
262 | 256 | | physician, any other physician responsible for the care of the |
---|
263 | 257 | | patient, and the health care facility are not obligated to provide |
---|
264 | 258 | | life-sustaining treatment after the 10th day after both the written |
---|
265 | 259 | | decision and the patient's medical record required under Subsection |
---|
266 | 260 | | (b) are [is] provided to the patient or the person responsible for |
---|
267 | 261 | | the health care decisions of the patient unless ordered to do so |
---|
268 | 262 | | under Subsection (g), except that artificially administered |
---|
269 | 263 | | nutrition and hydration must be provided unless, based on |
---|
270 | 264 | | reasonable medical judgment, providing artificially administered |
---|
271 | 265 | | nutrition and hydration would: |
---|
272 | 266 | | (1) hasten the patient's death; |
---|
273 | 267 | | (2) be medically contraindicated such that the |
---|
274 | 268 | | provision of the treatment seriously exacerbates life-threatening |
---|
275 | 269 | | medical problems not outweighed by the benefit of the provision of |
---|
276 | 270 | | the treatment; |
---|
277 | 271 | | (3) result in substantial irremediable physical pain |
---|
278 | 272 | | not outweighed by the benefit of the provision of the treatment; |
---|
279 | 273 | | (4) be medically ineffective in prolonging life; or |
---|
280 | 274 | | (5) be contrary to the patient's or surrogate's |
---|
281 | 275 | | clearly documented desire not to receive artificially administered |
---|
282 | 276 | | nutrition or hydration. |
---|
283 | 277 | | SECTION 6. Sections 166.052(a) and (b), Health and Safety |
---|
284 | 278 | | Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular |
---|
285 | 279 | | Session, 2015, are amended to read as follows: |
---|
286 | 280 | | (a) In cases in which the attending physician refuses to |
---|
287 | 281 | | honor an advance directive or health care or treatment decision |
---|
288 | 282 | | requesting the provision of life-sustaining treatment, the |
---|
289 | 283 | | statement required by Section 166.046(b)(3)(A) shall be in |
---|
290 | 284 | | substantially the following form: |
---|
291 | 285 | | When There Is A Disagreement About Medical Treatment: The |
---|
292 | 286 | | Physician Recommends Against Certain Life-Sustaining Treatment |
---|
293 | 287 | | That You Wish To Continue |
---|
294 | 288 | | You have been given this information because you have |
---|
295 | 289 | | requested life-sustaining treatment[,]* for yourself as the |
---|
296 | 290 | | patient or on behalf of the patient, as applicable, which the |
---|
297 | 291 | | attending physician believes is not medically appropriate. This |
---|
298 | 292 | | information is being provided to help you understand state law, |
---|
299 | 293 | | your rights, and the resources available to you in such |
---|
300 | 294 | | circumstances. It outlines the process for resolving disagreements |
---|
301 | 295 | | about treatment among patients, families, and physicians. It is |
---|
302 | 296 | | based upon Section 166.046 of the Texas Advance Directives Act, |
---|
303 | 297 | | codified in Chapter 166, [of the] Texas Health and Safety Code. |
---|
304 | 298 | | When an attending physician refuses to comply with an advance |
---|
305 | 299 | | directive or other request for life-sustaining treatment because of |
---|
306 | 300 | | the physician's judgment that the treatment would be medically |
---|
307 | 301 | | inappropriate, the case will be reviewed by an ethics or medical |
---|
308 | 302 | | committee. Life-sustaining treatment will be provided through the |
---|
309 | 303 | | review. |
---|
310 | 304 | | You will receive notification of this review at least 48 |
---|
311 | 305 | | hours before a meeting of the committee related to your case. You |
---|
312 | 306 | | are entitled to attend the meeting. With your agreement, the |
---|
313 | 307 | | meeting may be held sooner than 48 hours, if possible. |
---|
314 | 308 | | You are entitled to receive a written explanation of the |
---|
315 | 309 | | decision reached during the review process. |
---|
316 | 310 | | If after this review process both the attending physician and |
---|
317 | 311 | | the ethics or medical committee conclude that life-sustaining |
---|
318 | 312 | | treatment is medically inappropriate and yet you continue to |
---|
319 | 313 | | request such treatment, then the following procedure will occur: |
---|
320 | 314 | | 1. The physician, with the help of the health care facility, |
---|
321 | 315 | | will assist you in trying to find a physician and facility willing |
---|
322 | 316 | | to provide the requested treatment. |
---|
323 | 317 | | 2. You are being given a list of health care providers, |
---|
324 | 318 | | licensed physicians, health care facilities, and referral groups |
---|
325 | 319 | | that have volunteered their readiness to consider accepting |
---|
326 | 320 | | transfer, or to assist in locating a provider willing to accept |
---|
327 | 321 | | transfer, maintained by the Department of State Health Services. |
---|
328 | 322 | | You may wish to contact providers, facilities, or referral groups |
---|
329 | 323 | | on the list or others of your choice to get help in arranging a |
---|
330 | 324 | | transfer. |
---|
331 | 325 | | 3. The patient will continue to be given life-sustaining |
---|
332 | 326 | | treatment until the patient [he or she] can be transferred to a |
---|
333 | 327 | | willing provider for up to 10 days from the time you were given both |
---|
334 | 328 | | the committee's written decision that life-sustaining treatment is |
---|
335 | 329 | | not appropriate and the patient's medical record. The patient will |
---|
336 | 330 | | continue to be given after the 10-day period treatment to enhance |
---|
337 | 331 | | pain management and reduce suffering, including artificially |
---|
338 | 332 | | administered nutrition and hydration, unless, based on reasonable |
---|
339 | 333 | | medical judgment, providing artificially administered nutrition |
---|
340 | 334 | | and hydration would hasten the patient's death, be medically |
---|
341 | 335 | | contraindicated such that the provision of the treatment seriously |
---|
342 | 336 | | exacerbates life-threatening medical problems not outweighed by |
---|
343 | 337 | | the benefit of the provision of the treatment, result in |
---|
344 | 338 | | substantial irremediable physical pain not outweighed by the |
---|
345 | 339 | | benefit of the provision of the treatment, be medically ineffective |
---|
346 | 340 | | in prolonging life, or be contrary to the patient's or surrogate's |
---|
347 | 341 | | clearly documented desires. |
---|
348 | 342 | | 4. If a transfer can be arranged, the patient will be |
---|
349 | 343 | | responsible for the costs of the transfer. |
---|
350 | 344 | | 5. If a provider cannot be found willing to give the |
---|
351 | 345 | | requested treatment within 10 days, life-sustaining treatment may |
---|
352 | 346 | | be withdrawn unless a court of law has granted an extension. |
---|
353 | 347 | | 6. You may ask the appropriate district or county court to |
---|
354 | 348 | | extend the 10-day period if the court finds that there is a |
---|
355 | 349 | | reasonable expectation that you may find a physician or health care |
---|
356 | 350 | | facility willing to provide life-sustaining treatment [will be |
---|
357 | 351 | | found] if the extension is granted. Patient medical records will be |
---|
358 | 352 | | provided to the patient or surrogate in accordance with Section |
---|
359 | 353 | | 241.154, Texas Health and Safety Code. |
---|
360 | 354 | | *"Life-sustaining treatment" means treatment that, based on |
---|
361 | 355 | | reasonable medical judgment, sustains the life of a patient and |
---|
362 | 356 | | without which the patient will die. The term includes both |
---|
363 | 357 | | life-sustaining medications and artificial life support, such as |
---|
364 | 358 | | mechanical breathing machines, kidney dialysis treatment, and |
---|
365 | 359 | | artificially administered [artificial] nutrition and hydration. |
---|
366 | 360 | | The term does not include the administration of pain management |
---|
367 | 361 | | medication or the performance of a medical procedure considered to |
---|
368 | 362 | | be necessary to provide comfort care, or any other medical care |
---|
369 | 363 | | provided to alleviate a patient's pain. |
---|
370 | 364 | | (b) In cases in which the attending physician refuses to |
---|
371 | 365 | | comply with an advance directive or treatment decision requesting |
---|
372 | 366 | | the withholding or withdrawal of life-sustaining treatment, the |
---|
373 | 367 | | statement required by Section 166.046(b)(3)(A) shall be in |
---|
374 | 368 | | substantially the following form: |
---|
375 | 369 | | When There Is A Disagreement About Medical Treatment: The |
---|
376 | 370 | | Physician Recommends Life-Sustaining Treatment That You Wish To |
---|
377 | 371 | | Stop |
---|
378 | 372 | | You have been given this information because you have |
---|
379 | 373 | | requested the withdrawal or withholding of life-sustaining |
---|
380 | 374 | | treatment* for yourself as the patient or on behalf of the patient, |
---|
381 | 375 | | as applicable, and the attending physician disagrees with and |
---|
382 | 376 | | refuses to comply with that request. The information is being |
---|
383 | 377 | | provided to help you understand state law, your rights, and the |
---|
384 | 378 | | resources available to you in such circumstances. It outlines the |
---|
385 | 379 | | process for resolving disagreements about treatment among |
---|
386 | 380 | | patients, families, and physicians. It is based upon Section |
---|
387 | 381 | | 166.046 of the Texas Advance Directives Act, codified in Chapter |
---|
388 | 382 | | 166, [of the] Texas Health and Safety Code. |
---|
389 | 383 | | When an attending physician refuses to comply with an advance |
---|
390 | 384 | | directive or other request for withdrawal or withholding of |
---|
391 | 385 | | life-sustaining treatment for any reason, the case will be reviewed |
---|
392 | 386 | | by an ethics or medical committee. Life-sustaining treatment will |
---|
393 | 387 | | be provided through the review. |
---|
394 | 388 | | You will receive notification of this review at least 48 |
---|
395 | 389 | | hours before a meeting of the committee related to your case. You |
---|
396 | 390 | | are entitled to attend the meeting. With your agreement, the |
---|
397 | 391 | | meeting may be held sooner than 48 hours, if possible. |
---|
398 | 392 | | You are entitled to receive a written explanation of the |
---|
399 | 393 | | decision reached during the review process. |
---|
400 | 394 | | If you or the attending physician do not agree with the |
---|
401 | 395 | | decision reached during the review process, and the attending |
---|
402 | 396 | | physician still refuses to comply with your request to withhold or |
---|
403 | 397 | | withdraw life-sustaining treatment, then the following procedure |
---|
404 | 398 | | will occur: |
---|
405 | 399 | | 1. The physician, with the help of the health care facility, |
---|
406 | 400 | | will assist you in trying to find a physician and facility willing |
---|
407 | 401 | | to withdraw or withhold the life-sustaining treatment. |
---|
408 | 402 | | 2. You are being given a list of health care providers, |
---|
409 | 403 | | licensed physicians, health care facilities, and referral groups |
---|
410 | 404 | | that have volunteered their readiness to consider accepting |
---|
411 | 405 | | transfer, or to assist in locating a provider willing to accept |
---|
412 | 406 | | transfer, maintained by the Department of State Health Services. |
---|
413 | 407 | | You may wish to contact providers, facilities, or referral groups |
---|
414 | 408 | | on the list or others of your choice to get help in arranging a |
---|
415 | 409 | | transfer. |
---|
416 | 410 | | *"Life-sustaining treatment" means treatment that, based on |
---|
417 | 411 | | reasonable medical judgment, sustains the life of a patient and |
---|
418 | 412 | | without which the patient will die. The term includes both |
---|
419 | 413 | | life-sustaining medications and artificial life support, such as |
---|
420 | 414 | | mechanical breathing machines, kidney dialysis treatment, and |
---|
421 | 415 | | artificially administered [artificial] nutrition and hydration. |
---|
422 | 416 | | The term does not include the administration of pain management |
---|
423 | 417 | | medication or the performance of a medical procedure considered to |
---|
424 | 418 | | be necessary to provide comfort care, or any other medical care |
---|
425 | 419 | | provided to alleviate a patient's pain. |
---|
426 | 420 | | SECTION 7. Not later than March 1, 2016, the executive |
---|
427 | 421 | | commissioner of the Health and Human Services Commission shall |
---|
428 | 422 | | adopt all rules necessary to implement this Act. |
---|
429 | 423 | | SECTION 8. The change in law made by this Act applies only |
---|
430 | 424 | | to a review, consultation, disagreement, or other action relating |
---|
431 | 425 | | to a health care or treatment decision made on or after April 1, |
---|
432 | 426 | | 2016. A review, consultation, disagreement, or other action |
---|
433 | 427 | | relating to a health care or treatment decision made before April 1, |
---|
434 | 428 | | 2016, is governed by the law in effect immediately before the |
---|
435 | 429 | | effective date of this Act, and that law is continued in effect for |
---|
436 | 430 | | that purpose. |
---|
437 | 431 | | SECTION 9. This Act takes effect September 1, 2015. |
---|