Texas 2015 - 84th Regular

Texas House Bill HB3074 Compare Versions

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1-By: Springer, et al. (Senate Sponsor - Schwertner) H.B. No. 3074
2- (In the Senate - Received from the House May 18, 2015;
3- May 18, 2015, read first time and referred to Committee on Health
4- and Human Services; May 22, 2015, reported favorably by the
5- following vote: Yeas 9, Nays 0; May 22, 2015, sent to printer.)
6-Click here to see the committee vote
1+H.B. No. 3074
72
83
9- A BILL TO BE ENTITLED
104 AN ACT
115 relating to the provision of artificially administered nutrition
126 and hydration and life-sustaining treatment.
137 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
148 SECTION 1. Sections 166.002(2) and (10), Health and Safety
159 Code, are amended to read as follows:
1610 (2) "Artificially administered [Artificial] nutrition
1711 and hydration" means the provision of nutrients or fluids by a tube
1812 inserted in a vein, under the skin in the subcutaneous tissues, or
1913 in the [stomach (]gastrointestinal tract[)].
2014 (10) "Life-sustaining treatment" means treatment
2115 that, based on reasonable medical judgment, sustains the life of a
2216 patient and without which the patient will die. The term includes
2317 both life-sustaining medications and artificial life support, such
2418 as mechanical breathing machines, kidney dialysis treatment, and
2519 artificially administered [artificial] nutrition and hydration.
2620 The term does not include the administration of pain management
2721 medication or the performance of a medical procedure considered to
2822 be necessary to provide comfort care, or any other medical care
2923 provided to alleviate a patient's pain.
3024 SECTION 2. Section 166.003, Health and Safety Code, is
3125 amended to read as follows:
3226 Sec. 166.003. WITNESSES. In any circumstance in which this
3327 chapter requires the execution of an advance directive or the
3428 issuance of a nonwritten advance directive to be witnessed:
3529 (1) each witness must be a competent adult; and
3630 (2) at least one of the witnesses must be a person who
3731 is not:
3832 (A) a person designated by the declarant to make
3933 a health care or treatment decision;
4034 (B) a person related to the declarant by blood or
4135 marriage;
4236 (C) a person entitled to any part of the
4337 declarant's estate after the declarant's death under a will or
4438 codicil executed by the declarant or by operation of law;
4539 (D) the attending physician;
4640 (E) an employee of the attending physician;
4741 (F) an employee of a health care facility in
4842 which the declarant is a patient if the employee is providing direct
4943 patient care to the declarant or is an officer, director, partner,
5044 or business office employee of the health care facility or of any
5145 parent organization of the health care facility; or
5246 (G) a person who, at the time the written advance
5347 directive is executed or, if the directive is a nonwritten
5448 directive issued under this chapter, at the time the nonwritten
5549 directive is issued, has a claim against any part of the declarant's
5650 estate after the declarant's death.
5751 SECTION 3. Section 166.032(c), Health and Safety Code, is
5852 amended to read as follows:
5953 (c) A declarant may include in a directive directions other
6054 than those provided by Section 166.033 and may designate in a
6155 directive a person to make a health care or treatment decision for
6256 the declarant in the event the declarant becomes incompetent or
6357 otherwise mentally or physically incapable of communication.
6458 SECTION 4. Section 166.033, Health and Safety Code, is
6559 amended to read as follows:
6660 Sec. 166.033. FORM OF WRITTEN DIRECTIVE. A written
6761 directive may be in the following form:
6862 DIRECTIVE TO PHYSICIANS AND FAMILY OR SURROGATES
6963 Instructions for completing this document:
7064 This is an important legal document known as an Advance
7165 Directive. It is designed to help you communicate your wishes about
7266 medical treatment at some time in the future when you are unable to
7367 make your wishes known because of illness or injury. These wishes
7468 are usually based on personal values. In particular, you may want
7569 to consider what burdens or hardships of treatment you would be
7670 willing to accept for a particular amount of benefit obtained if you
7771 were seriously ill.
7872 You are encouraged to discuss your values and wishes with
7973 your family or chosen spokesperson, as well as your physician. Your
8074 physician, other health care provider, or medical institution may
8175 provide you with various resources to assist you in completing your
8276 advance directive. Brief definitions are listed below and may aid
8377 you in your discussions and advance planning. Initial the
8478 treatment choices that best reflect your personal preferences.
8579 Provide a copy of your directive to your physician, usual hospital,
8680 and family or spokesperson. Consider a periodic review of this
8781 document. By periodic review, you can best assure that the
8882 directive reflects your preferences.
8983 In addition to this advance directive, Texas law provides for
9084 two other types of directives that can be important during a serious
9185 illness. These are the Medical Power of Attorney and the
9286 Out-of-Hospital Do-Not-Resuscitate Order. You may wish to discuss
9387 these with your physician, family, hospital representative, or
9488 other advisers. You may also wish to complete a directive related
9589 to the donation of organs and tissues.
9690 DIRECTIVE
9791 I, __________, recognize that the best health care is based
9892 upon a partnership of trust and communication with my physician. My
9993 physician and I will make health care or treatment decisions
10094 together as long as I am of sound mind and able to make my wishes
10195 known. If there comes a time that I am unable to make medical
10296 decisions about myself because of illness or injury, I direct that
10397 the following treatment preferences be honored:
10498 If, in the judgment of my physician, I am suffering with a
10599 terminal condition from which I am expected to die within six
106100 months, even with available life-sustaining treatment provided in
107101 accordance with prevailing standards of medical care:
108102 __________ 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
109103 __________ 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
110104 __________ 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.)
111105 __________ I request that I be kept alive in this terminal condition using available life-sustaining treatment. (THIS SELECTION DOES NOT APPLY TO HOSPICE CARE.)
112106 If, in the judgment of my physician, I am suffering with an
113107 irreversible condition so that I cannot care for myself or make
114108 decisions for myself and am expected to die without life-sustaining
115109 treatment provided in accordance with prevailing standards of care:
116110 __________ 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
117111 __________ 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
118112 __________ 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.)
119113 __________ I request that I be kept alive in this irreversible condition using available life-sustaining treatment. (THIS SELECTION DOES NOT APPLY TO HOSPICE CARE.)
120114 Additional requests: (After discussion with your physician,
121115 you may wish to consider listing particular treatments in this
122116 space that you do or do not want in specific circumstances, such as
123117 artificially administered [artificial] nutrition and hydration
124118 [fluids], intravenous antibiotics, etc. Be sure to state whether
125119 you do or do not want the particular treatment.)
126120 After signing this directive, if my representative or I elect
127121 hospice care, I understand and agree that only those treatments
128122 needed to keep me comfortable would be provided and I would not be
129123 given available life-sustaining treatments.
130124 If I do not have a Medical Power of Attorney, and I am unable
131125 to make my wishes known, I designate the following person(s) to make
132126 health care or treatment decisions with my physician compatible
133127 with my personal values:
134128 1. __________
135129 2. __________
136130 (If a Medical Power of Attorney has been executed, then an
137131 agent already has been named and you should not list additional
138132 names in this document.)
139133 If the above persons are not available, or if I have not
140134 designated a spokesperson, I understand that a spokesperson will be
141135 chosen for me following standards specified in the laws of Texas.
142136 If, in the judgment of my physician, my death is imminent within
143137 minutes to hours, even with the use of all available medical
144138 treatment provided within the prevailing standard of care, I
145139 acknowledge that all treatments may be withheld or removed except
146140 those needed to maintain my comfort. I understand that under Texas
147141 law this directive has no effect if I have been diagnosed as
148142 pregnant. This directive will remain in effect until I revoke it.
149143 No other person may do so.
150144 Signed__________ Date__________ City, County, State of
151145 Residence __________
152146 Two competent adult witnesses must sign below, acknowledging
153147 the signature of the declarant. The witness designated as Witness 1
154148 may not be a person designated to make a health care or treatment
155149 decision for the patient and may not be related to the patient by
156150 blood or marriage. This witness may not be entitled to any part of
157151 the estate and may not have a claim against the estate of the
158152 patient. This witness may not be the attending physician or an
159153 employee of the attending physician. If this witness is an employee
160154 of a health care facility in which the patient is being cared for,
161155 this witness may not be involved in providing direct patient care to
162156 the patient. This witness may not be an officer, director, partner,
163157 or business office employee of a health care facility in which the
164158 patient is being cared for or of any parent organization of the
165159 health care facility.
166160 Witness 1 __________ Witness 2 __________
167161 Definitions:
168162 "Artificially administered [Artificial] nutrition and
169163 hydration" means the provision of nutrients or fluids by a tube
170164 inserted in a vein, under the skin in the subcutaneous tissues, or
171165 in the [stomach (]gastrointestinal tract[)].
172166 "Irreversible condition" means a condition, injury, or
173167 illness:
174168 (1) that may be treated, but is never cured or
175169 eliminated;
176170 (2) that leaves a person unable to care for or make
177171 decisions for the person's own self; and
178172 (3) that, without life-sustaining treatment provided
179173 in accordance with the prevailing standard of medical care, is
180174 fatal.
181175 Explanation: Many serious illnesses such as cancer, failure
182176 of major organs (kidney, heart, liver, or lung), and serious brain
183177 disease such as Alzheimer's dementia may be considered irreversible
184178 early on. There is no cure, but the patient may be kept alive for
185179 prolonged periods of time if the patient receives life-sustaining
186180 treatments. Late in the course of the same illness, the disease may
187181 be considered terminal when, even with treatment, the patient is
188182 expected to die. You may wish to consider which burdens of
189183 treatment you would be willing to accept in an effort to achieve a
190184 particular outcome. This is a very personal decision that you may
191185 wish to discuss with your physician, family, or other important
192186 persons in your life.
193187 "Life-sustaining treatment" means treatment that, based on
194188 reasonable medical judgment, sustains the life of a patient and
195189 without which the patient will die. The term includes both
196190 life-sustaining medications and artificial life support such as
197191 mechanical breathing machines, kidney dialysis treatment, and
198192 artificially administered nutrition and [artificial] hydration
199193 [and nutrition]. The term does not include the administration of
200194 pain management medication, the performance of a medical procedure
201195 necessary to provide comfort care, or any other medical care
202196 provided to alleviate a patient's pain.
203197 "Terminal condition" means an incurable condition caused by
204198 injury, disease, or illness that according to reasonable medical
205199 judgment will produce death within six months, even with available
206200 life-sustaining treatment provided in accordance with the
207201 prevailing standard of medical care.
208202 Explanation: Many serious illnesses may be considered
209203 irreversible early in the course of the illness, but they may not be
210204 considered terminal until the disease is fairly advanced. In
211205 thinking about terminal illness and its treatment, you again may
212206 wish to consider the relative benefits and burdens of treatment and
213207 discuss your wishes with your physician, family, or other important
214208 persons in your life.
215209 SECTION 5. Sections 166.046(b) and (e), Health and Safety
216210 Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular
217211 Session, 2015, are amended to read as follows:
218212 (b) The patient or the person responsible for the health
219213 care decisions of the individual who has made the decision
220214 regarding the directive or treatment decision:
221215 (1) may be given a written description of the ethics or
222216 medical committee review process and any other policies and
223217 procedures related to this section adopted by the health care
224218 facility;
225219 (2) shall be informed of the committee review process
226220 not less than 48 hours before the meeting called to discuss the
227221 patient's directive, unless the time period is waived by mutual
228222 agreement;
229223 (3) at the time of being so informed, shall be
230224 provided:
231225 (A) a copy of the appropriate statement set forth
232226 in Section 166.052; and
233227 (B) a copy of the registry list of health care
234228 providers and referral groups that have volunteered their readiness
235229 to consider accepting transfer or to assist in locating a provider
236230 willing to accept transfer that is posted on the website maintained
237231 by the department under Section 166.053; and
238232 (4) is entitled to:
239233 (A) attend the meeting; [and]
240234 (B) receive a written explanation of the decision
241235 reached during the review process;
242236 (C) receive a copy of the portion of the
243237 patient's medical record related to the treatment received by the
244238 patient in the facility for the lesser of:
245239 (i) the period of the patient's current
246240 admission to the facility; or
247241 (ii) the preceding 30 calendar days; and
248242 (D) receive a copy of all of the patient's
249243 reasonably available diagnostic results and reports related to the
250244 medical record provided under Paragraph (C).
251245 (e) If the patient or the person responsible for the health
252246 care decisions of the patient is requesting life-sustaining
253247 treatment that the attending physician has decided and the ethics
254248 or medical committee [review process] has affirmed is medically
255249 inappropriate treatment, the patient shall be given available
256250 life-sustaining treatment pending transfer under Subsection (d).
257251 This subsection does not authorize withholding or withdrawing pain
258252 management medication, medical procedures necessary to provide
259253 comfort, or any other health care provided to alleviate a patient's
260254 pain. The patient is responsible for any costs incurred in
261255 transferring the patient to another facility. The attending
262256 physician, any other physician responsible for the care of the
263257 patient, and the health care facility are not obligated to provide
264258 life-sustaining treatment after the 10th day after both the written
265259 decision and the patient's medical record required under Subsection
266260 (b) are [is] provided to the patient or the person responsible for
267261 the health care decisions of the patient unless ordered to do so
268262 under Subsection (g), except that artificially administered
269263 nutrition and hydration must be provided unless, based on
270264 reasonable medical judgment, providing artificially administered
271265 nutrition and hydration would:
272266 (1) hasten the patient's death;
273267 (2) be medically contraindicated such that the
274268 provision of the treatment seriously exacerbates life-threatening
275269 medical problems not outweighed by the benefit of the provision of
276270 the treatment;
277271 (3) result in substantial irremediable physical pain
278272 not outweighed by the benefit of the provision of the treatment;
279273 (4) be medically ineffective in prolonging life; or
280274 (5) be contrary to the patient's or surrogate's
281275 clearly documented desire not to receive artificially administered
282276 nutrition or hydration.
283277 SECTION 6. Sections 166.052(a) and (b), Health and Safety
284278 Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular
285279 Session, 2015, are amended to read as follows:
286280 (a) In cases in which the attending physician refuses to
287281 honor an advance directive or health care or treatment decision
288282 requesting the provision of life-sustaining treatment, the
289283 statement required by Section 166.046(b)(3)(A) shall be in
290284 substantially the following form:
291285 When There Is A Disagreement About Medical Treatment: The
292286 Physician Recommends Against Certain Life-Sustaining Treatment
293287 That You Wish To Continue
294288 You have been given this information because you have
295289 requested life-sustaining treatment[,]* for yourself as the
296290 patient or on behalf of the patient, as applicable, which the
297291 attending physician believes is not medically appropriate. This
298292 information is being provided to help you understand state law,
299293 your rights, and the resources available to you in such
300294 circumstances. It outlines the process for resolving disagreements
301295 about treatment among patients, families, and physicians. It is
302296 based upon Section 166.046 of the Texas Advance Directives Act,
303297 codified in Chapter 166, [of the] Texas Health and Safety Code.
304298 When an attending physician refuses to comply with an advance
305299 directive or other request for life-sustaining treatment because of
306300 the physician's judgment that the treatment would be medically
307301 inappropriate, the case will be reviewed by an ethics or medical
308302 committee. Life-sustaining treatment will be provided through the
309303 review.
310304 You will receive notification of this review at least 48
311305 hours before a meeting of the committee related to your case. You
312306 are entitled to attend the meeting. With your agreement, the
313307 meeting may be held sooner than 48 hours, if possible.
314308 You are entitled to receive a written explanation of the
315309 decision reached during the review process.
316310 If after this review process both the attending physician and
317311 the ethics or medical committee conclude that life-sustaining
318312 treatment is medically inappropriate and yet you continue to
319313 request such treatment, then the following procedure will occur:
320314 1. The physician, with the help of the health care facility,
321315 will assist you in trying to find a physician and facility willing
322316 to provide the requested treatment.
323317 2. You are being given a list of health care providers,
324318 licensed physicians, health care facilities, and referral groups
325319 that have volunteered their readiness to consider accepting
326320 transfer, or to assist in locating a provider willing to accept
327321 transfer, maintained by the Department of State Health Services.
328322 You may wish to contact providers, facilities, or referral groups
329323 on the list or others of your choice to get help in arranging a
330324 transfer.
331325 3. The patient will continue to be given life-sustaining
332326 treatment until the patient [he or she] can be transferred to a
333327 willing provider for up to 10 days from the time you were given both
334328 the committee's written decision that life-sustaining treatment is
335329 not appropriate and the patient's medical record. The patient will
336330 continue to be given after the 10-day period treatment to enhance
337331 pain management and reduce suffering, including artificially
338332 administered nutrition and hydration, unless, based on reasonable
339333 medical judgment, providing artificially administered nutrition
340334 and hydration would hasten the patient's death, be medically
341335 contraindicated such that the provision of the treatment seriously
342336 exacerbates life-threatening medical problems not outweighed by
343337 the benefit of the provision of the treatment, result in
344338 substantial irremediable physical pain not outweighed by the
345339 benefit of the provision of the treatment, be medically ineffective
346340 in prolonging life, or be contrary to the patient's or surrogate's
347341 clearly documented desires.
348342 4. If a transfer can be arranged, the patient will be
349343 responsible for the costs of the transfer.
350344 5. If a provider cannot be found willing to give the
351345 requested treatment within 10 days, life-sustaining treatment may
352346 be withdrawn unless a court of law has granted an extension.
353347 6. You may ask the appropriate district or county court to
354348 extend the 10-day period if the court finds that there is a
355349 reasonable expectation that you may find a physician or health care
356350 facility willing to provide life-sustaining treatment [will be
357351 found] if the extension is granted. Patient medical records will be
358352 provided to the patient or surrogate in accordance with Section
359353 241.154, Texas Health and Safety Code.
360354 *"Life-sustaining treatment" means treatment that, based on
361355 reasonable medical judgment, sustains the life of a patient and
362356 without which the patient will die. The term includes both
363357 life-sustaining medications and artificial life support, such as
364358 mechanical breathing machines, kidney dialysis treatment, and
365359 artificially administered [artificial] nutrition and hydration.
366360 The term does not include the administration of pain management
367361 medication or the performance of a medical procedure considered to
368362 be necessary to provide comfort care, or any other medical care
369363 provided to alleviate a patient's pain.
370364 (b) In cases in which the attending physician refuses to
371365 comply with an advance directive or treatment decision requesting
372366 the withholding or withdrawal of life-sustaining treatment, the
373367 statement required by Section 166.046(b)(3)(A) shall be in
374368 substantially the following form:
375369 When There Is A Disagreement About Medical Treatment: The
376370 Physician Recommends Life-Sustaining Treatment That You Wish To
377371 Stop
378372 You have been given this information because you have
379373 requested the withdrawal or withholding of life-sustaining
380374 treatment* for yourself as the patient or on behalf of the patient,
381375 as applicable, and the attending physician disagrees with and
382376 refuses to comply with that request. The information is being
383377 provided to help you understand state law, your rights, and the
384378 resources available to you in such circumstances. It outlines the
385379 process for resolving disagreements about treatment among
386380 patients, families, and physicians. It is based upon Section
387381 166.046 of the Texas Advance Directives Act, codified in Chapter
388382 166, [of the] Texas Health and Safety Code.
389383 When an attending physician refuses to comply with an advance
390384 directive or other request for withdrawal or withholding of
391385 life-sustaining treatment for any reason, the case will be reviewed
392386 by an ethics or medical committee. Life-sustaining treatment will
393387 be provided through the review.
394388 You will receive notification of this review at least 48
395389 hours before a meeting of the committee related to your case. You
396390 are entitled to attend the meeting. With your agreement, the
397391 meeting may be held sooner than 48 hours, if possible.
398392 You are entitled to receive a written explanation of the
399393 decision reached during the review process.
400394 If you or the attending physician do not agree with the
401395 decision reached during the review process, and the attending
402396 physician still refuses to comply with your request to withhold or
403397 withdraw life-sustaining treatment, then the following procedure
404398 will occur:
405399 1. The physician, with the help of the health care facility,
406400 will assist you in trying to find a physician and facility willing
407401 to withdraw or withhold the life-sustaining treatment.
408402 2. You are being given a list of health care providers,
409403 licensed physicians, health care facilities, and referral groups
410404 that have volunteered their readiness to consider accepting
411405 transfer, or to assist in locating a provider willing to accept
412406 transfer, maintained by the Department of State Health Services.
413407 You may wish to contact providers, facilities, or referral groups
414408 on the list or others of your choice to get help in arranging a
415409 transfer.
416410 *"Life-sustaining treatment" means treatment that, based on
417411 reasonable medical judgment, sustains the life of a patient and
418412 without which the patient will die. The term includes both
419413 life-sustaining medications and artificial life support, such as
420414 mechanical breathing machines, kidney dialysis treatment, and
421415 artificially administered [artificial] nutrition and hydration.
422416 The term does not include the administration of pain management
423417 medication or the performance of a medical procedure considered to
424418 be necessary to provide comfort care, or any other medical care
425419 provided to alleviate a patient's pain.
426420 SECTION 7. Not later than March 1, 2016, the executive
427421 commissioner of the Health and Human Services Commission shall
428422 adopt all rules necessary to implement this Act.
429423 SECTION 8. The change in law made by this Act applies only
430424 to a review, consultation, disagreement, or other action relating
431425 to a health care or treatment decision made on or after April 1,
432426 2016. A review, consultation, disagreement, or other action
433427 relating to a health care or treatment decision made before April 1,
434428 2016, is governed by the law in effect immediately before the
435429 effective date of this Act, and that law is continued in effect for
436430 that purpose.
437431 SECTION 9. This Act takes effect September 1, 2015.
438- * * * * *
432+ ______________________________ ______________________________
433+ President of the Senate Speaker of the House
434+ I certify that H.B. No. 3074 was passed by the House on May
435+ 15, 2015, by the following vote: Yeas 129, Nays 0, 1 present, not
436+ voting.
437+ ______________________________
438+ Chief Clerk of the House
439+ I certify that H.B. No. 3074 was passed by the Senate on May
440+ 26, 2015, by the following vote: Yeas 31, Nays 0.
441+ ______________________________
442+ Secretary of the Senate
443+ APPROVED: _____________________
444+ Date
445+ _____________________
446+ Governor
439447
440448 __________ 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
441449
442450 __________ I request that I be kept alive in this terminal condition using available life-sustaining treatment. (THIS SELECTION DOES NOT APPLY TO HOSPICE CARE.)
443451
444452 __________ 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
445453
446454 __________ I request that I be kept alive in this irreversible condition using available life-sustaining treatment. (THIS SELECTION DOES NOT APPLY TO HOSPICE CARE.)