| 1 | 1 | | 84R3522 AJZ-D |
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| 2 | 2 | | By: Davis of Harris H.B. No. 614 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to establishing an advance directive registry. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 166, Health and Safety Code, is amended |
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| 10 | 10 | | by adding Subchapter E to read as follows: |
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| 11 | 11 | | SUBCHAPTER E. ADVANCE DIRECTIVE REGISTRY |
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| 12 | 12 | | Sec. 166.201. ADVANCE DIRECTIVE REGISTRY. (a) The |
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| 13 | 13 | | department shall establish and maintain an advance directive |
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| 14 | 14 | | registry that is accessible through an Internet website. |
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| 15 | 15 | | (b) The registry must be used to store advance directives |
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| 16 | 16 | | made under this chapter that are filed with the department. |
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| 17 | 17 | | (c) The department shall ensure that the registry is |
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| 18 | 18 | | maintained in a secure database that is designed to provide |
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| 19 | 19 | | authorized health care providers with immediate access to the |
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| 20 | 20 | | registry at all times but prevent unauthorized access to the |
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| 21 | 21 | | registry. |
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| 22 | 22 | | Sec. 166.202. CONTRACT WITH PRIVATE ENTITY. The department |
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| 23 | 23 | | may contract with a public or private entity to develop and maintain |
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| 24 | 24 | | the advance directive registry. |
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| 25 | 25 | | Sec. 166.203. FEES. The department may not charge a fee to: |
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| 26 | 26 | | (1) register an advance directive in the registry; or |
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| 27 | 27 | | (2) access an advance directive maintained in the |
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| 28 | 28 | | registry. |
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| 29 | 29 | | Sec. 166.204. EVIDENCE OF REGISTRATION. The department |
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| 30 | 30 | | shall provide a method by which a notation indicating that an |
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| 31 | 31 | | individual has an advance directive registered with the department |
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| 32 | 32 | | may be placed on the individual's driver's license or |
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| 33 | 33 | | identification card. |
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| 34 | 34 | | Sec. 166.205. REMOVAL FROM REGISTRY. If the department |
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| 35 | 35 | | receives notice that an advance directive that is contained in the |
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| 36 | 36 | | registry has been revoked or that the individual who is the subject |
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| 37 | 37 | | of an advance directive contained in the registry is deceased, the |
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| 38 | 38 | | department shall remove the advance directive from the registry. |
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| 39 | 39 | | Sec. 166.206. REGISTRATION NOT REQUIRED. (a) Failure to |
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| 40 | 40 | | file an advance directive with the registry does not affect the |
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| 41 | 41 | | validity of the advance directive. |
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| 42 | 42 | | (b) Failure to notify the department of a revocation of an |
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| 43 | 43 | | advance directive does not affect the validity of the revocation. |
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| 44 | 44 | | Sec. 166.207. CONFIDENTIALITY. Information obtained by |
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| 45 | 45 | | the department for the advance directive registry is confidential |
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| 46 | 46 | | and may be disclosed only with the written consent of the declarant |
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| 47 | 47 | | of the advanced directive or a person authorized to make health care |
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| 48 | 48 | | decisions on the declarant's behalf. |
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| 49 | 49 | | Sec. 166.208. GIFTS AND GRANTS. The department may accept |
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| 50 | 50 | | gifts, grants, donations, bequests, and other forms of voluntary |
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| 51 | 51 | | contributions to support, promote, and maintain the advance |
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| 52 | 52 | | directive registry. |
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| 53 | 53 | | Sec. 166.209. RULES. (a) The executive commissioner of the |
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| 54 | 54 | | Health and Human Services Commission shall adopt rules to implement |
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| 55 | 55 | | the creation and maintenance of the advance directive registry, |
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| 56 | 56 | | including rules to: |
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| 57 | 57 | | (1) protect the confidentiality of individuals in |
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| 58 | 58 | | accordance with Section 159.002, Occupations Code; |
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| 59 | 59 | | (2) inform the public about the registry; |
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| 60 | 60 | | (3) require the written consent of the declarant of |
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| 61 | 61 | | the advance directive or a person authorized to make health care |
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| 62 | 62 | | decisions on the declarant's behalf before any information relating |
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| 63 | 63 | | to the declarant is included in the registry; and |
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| 64 | 64 | | (4) ensure the authenticity of an advance directive |
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| 65 | 65 | | submitted to the department for inclusion in the advance directive |
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| 66 | 66 | | registry. |
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| 67 | 67 | | (b) The rules governing use or disclosure of information in |
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| 68 | 68 | | the registry must be at least as stringent as the Health Insurance |
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| 69 | 69 | | Portability and Accountability Act and Privacy Standards, as |
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| 70 | 70 | | defined by Section 181.001. |
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| 71 | 71 | | SECTION 2. This Act takes effect September 1, 2015. |
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