Texas 2017 - 85th Regular

Texas House Bill HB4008 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R10824 JG-F
2	2	By: Zedler H.B. No. 4008
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the rights of health care consumers.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
10	10	amended by adding Chapter 173 to read as follows:
11	11	CHAPTER 173. HEALTH CARE CONSUMER RIGHTS ACT
12	12	Sec. 173.001. SHORT TITLE. This chapter may be cited as the
13	13	Health Care Consumer Rights Act.
14	14	Sec. 173.002. DEFINITIONS. In this chapter:
15	15	(1) "Health care consumer" means a person who seeks or
16	16	acquires health care services from a health care practitioner for
17	17	the consumer or the consumer's pet.
18	18	(2) "Health care practitioner" means a person licensed
19	19	to practice under:
20	20	(A) Title 3, Occupations Code; or
21	21	(B) Chapter 801, Occupations Code.
22	22	(3) "Legally authorized representative" means:
23	23	(A) a parent, managing conservator, or guardian
24	24	of a health care consumer who is a minor;
25	25	(B) a guardian of a health care consumer who has
26	26	been adjudicated incompetent to manage the consumer's personal
27	27	affairs; or
28	28	(C) a health care consumer's agent authorized
29	29	under a durable medical power of attorney under Chapter 166.
30	30	Sec. 173.003. HEALTH CARE CONSUMER RIGHTS. (a) A health
31	31	care consumer or the consumer's legally authorized representative
32	32	has, in relation to a medical or health care service or treatment
33	33	plan proposed for the consumer or consumer's pet, the right to:
34	34	(1) receive full disclosure of:
35	35	(A) the consumer's or the consumer's pet's health
36	36	status; and
37	37	(B) the risks or hazards associated with the
38	38	service or treatment plan;
39	39	(2) participate in the decision-making process for the
40	40	service or treatment plan;
41	41	(3) determine the appropriateness of the service or
42	42	treatment plan; and
43	43	(4) refuse the service or treatment plan.
44	44	(b) Except as otherwise provided by law, a health care
45	45	consumer or the consumer's legally authorized representative may
46	46	request or authorize a medical or health care service or treatment
47	47	plan only if the health care practitioner provides the consumer or
48	48	representative a disclosure for the service or treatment plan that
49	49	allows the consumer or representative to exercise all of the rights
50	50	described by Subsection (a).
51	51	(c) This section does not impose any requirements on a
52	52	health care practitioner to provide a medical or health care
53	53	service or develop or implement a treatment plan.
54	54	SECTION 2. The changes in law made by this Act apply only to
55	55	a medical or health care service provided or treatment plan
56	56	developed on or after the effective date of this Act. A medical or
57	57	health care service provided or treatment plan developed before the
58	58	effective date of this Act is governed by the law as it existed
59	59	immediately before the effective date of this Act, and that law is
60	60	continued in effect for that purpose.
61	61	SECTION 3. This Act takes effect September 1, 2017.