84R3522 AJZ-D
By: Davis of Harris H.B. No. 614
A BILL TO BE ENTITLED
AN ACT
relating to establishing an advance directive registry.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 166, Health and Safety Code, is amended
by adding Subchapter E to read as follows:
SUBCHAPTER E. ADVANCE DIRECTIVE REGISTRY
Sec. 166.201. ADVANCE DIRECTIVE REGISTRY. (a) The
department shall establish and maintain an advance directive
registry that is accessible through an Internet website.
(b) The registry must be used to store advance directives
made under this chapter that are filed with the department.
(c) The department shall ensure that the registry is
maintained in a secure database that is designed to provide
authorized health care providers with immediate access to the
registry at all times but prevent unauthorized access to the
registry.
Sec. 166.202. CONTRACT WITH PRIVATE ENTITY. The department
may contract with a public or private entity to develop and maintain
the advance directive registry.
Sec. 166.203. FEES. The department may not charge a fee to:
(1) register an advance directive in the registry; or
(2) access an advance directive maintained in the
registry.
Sec. 166.204. EVIDENCE OF REGISTRATION. The department
shall provide a method by which a notation indicating that an
individual has an advance directive registered with the department
may be placed on the individual's driver's license or
identification card.
Sec. 166.205. REMOVAL FROM REGISTRY. If the department
receives notice that an advance directive that is contained in the
registry has been revoked or that the individual who is the subject
of an advance directive contained in the registry is deceased, the
department shall remove the advance directive from the registry.
Sec. 166.206. REGISTRATION NOT REQUIRED. (a) Failure to
file an advance directive with the registry does not affect the
validity of the advance directive.
(b) Failure to notify the department of a revocation of an
advance directive does not affect the validity of the revocation.
Sec. 166.207. CONFIDENTIALITY. Information obtained by
the department for the advance directive registry is confidential
and may be disclosed only with the written consent of the declarant
of the advanced directive or a person authorized to make health care
decisions on the declarant's behalf.
Sec. 166.208. GIFTS AND GRANTS. The department may accept
gifts, grants, donations, bequests, and other forms of voluntary
contributions to support, promote, and maintain the advance
directive registry.
Sec. 166.209. RULES. (a) The executive commissioner of the
Health and Human Services Commission shall adopt rules to implement
the creation and maintenance of the advance directive registry,
including rules to:
(1) protect the confidentiality of individuals in
accordance with Section 159.002, Occupations Code;
(2) inform the public about the registry;
(3) require the written consent of the declarant of
the advance directive or a person authorized to make health care
decisions on the declarant's behalf before any information relating
to the declarant is included in the registry; and
(4) ensure the authenticity of an advance directive
submitted to the department for inclusion in the advance directive
registry.
(b) The rules governing use or disclosure of information in
the registry must be at least as stringent as the Health Insurance
Portability and Accountability Act and Privacy Standards, as
defined by Section 181.001.
SECTION 2. This Act takes effect September 1, 2015.