85R10824 JG-F
By: Zedler H.B. No. 4008
A BILL TO BE ENTITLED
AN ACT
relating to the rights of health care consumers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
amended by adding Chapter 173 to read as follows:
CHAPTER 173. HEALTH CARE CONSUMER RIGHTS ACT
Sec. 173.001. SHORT TITLE. This chapter may be cited as the
Health Care Consumer Rights Act.
Sec. 173.002. DEFINITIONS. In this chapter:
(1) "Health care consumer" means a person who seeks or
acquires health care services from a health care practitioner for
the consumer or the consumer's pet.
(2) "Health care practitioner" means a person licensed
to practice under:
(A) Title 3, Occupations Code; or
(B) Chapter 801, Occupations Code.
(3) "Legally authorized representative" means:
(A) a parent, managing conservator, or guardian
of a health care consumer who is a minor;
(B) a guardian of a health care consumer who has
been adjudicated incompetent to manage the consumer's personal
affairs; or
(C) a health care consumer's agent authorized
under a durable medical power of attorney under Chapter 166.
Sec. 173.003. HEALTH CARE CONSUMER RIGHTS. (a) A health
care consumer or the consumer's legally authorized representative
has, in relation to a medical or health care service or treatment
plan proposed for the consumer or consumer's pet, the right to:
(1) receive full disclosure of:
(A) the consumer's or the consumer's pet's health
status; and
(B) the risks or hazards associated with the
service or treatment plan;
(2) participate in the decision-making process for the
service or treatment plan;
(3) determine the appropriateness of the service or
treatment plan; and
(4) refuse the service or treatment plan.
(b) Except as otherwise provided by law, a health care
consumer or the consumer's legally authorized representative may
request or authorize a medical or health care service or treatment
plan only if the health care practitioner provides the consumer or
representative a disclosure for the service or treatment plan that
allows the consumer or representative to exercise all of the rights
described by Subsection (a).
(c) This section does not impose any requirements on a
health care practitioner to provide a medical or health care
service or develop or implement a treatment plan.
SECTION 2. The changes in law made by this Act apply only to
a medical or health care service provided or treatment plan
developed on or after the effective date of this Act. A medical or
health care service provided or treatment plan developed before the
effective date of this Act is governed by the law as it existed
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2017.