Texas 2017 - 85th Regular

Texas House Bill HB4090

Caption

Relating to advance directives or health care or treatment decisions made by or on behalf of patients.

Notes

The enactment of this bill holds implications not only for the rights of patients but also for healthcare providers, potentially requiring hospitals and medical teams to reassess their policies on end-of-life care. The detailed review procedure by ethics committees as stipulated in the amendments also raises discussions about the adequacy of oversight in sensitive treatment decisions. Overall, HB4090 promotes a framework intended to prioritize patient choices within the complexities of healthcare ethics.

Impact

The bill modifies provisions within the Advance Directives Act that govern situations where an attending physician refuses to honor a patient's wishes. By ensuring life-sustaining treatments remain available during the decision-making process or transfer, the legislation aims to protect patient autonomy. This could significantly shift current practices in healthcare settings, mandating that attending physicians respect patient directives more thoroughly and facilitating timely transfer to healthcare providers that will comply.

Summary

House Bill 4090, also known as the Texas Patient Autonomy Restoration Act, aims to amend existing laws regarding advance directives and healthcare treatment decisions made on behalf of patients. The primary objective of the bill is to preserve the right of patients and their families to make decisions about life-sustaining treatment, ensuring that such treatment is provided even if the attending physician disagrees with the patient's treatment choice. This act requires that life-sustaining treatments must be administered until the patient can be transferred to a healthcare provider willing to honor the advance directive or treatment decision.

Contention

Some concerns arise around the potential for conflicts between ethical medical practices and patient autonomy. Critics argue that mandates for life-sustaining treatment might compromise healthcare providers' ability to make ethical decisions regarding what constitutes medically appropriate care. Furthermore, this could lead to situations where patients receive unwanted medical intervention, particularly in cases where their condition is terminal or where treatment may not improve quality of life.

Companion Bills

TX SB1213

Relating to advance directives or health care or treatment decisions made by or on behalf of patients.

Similar Bills

TX HB3162

Relating to advance directives, do-not-resuscitate orders, and health care treatment decisions made by or on behalf of certain patients, including a review of directives and decisions.

TX SB1952

Relating to advance directives and health care treatment decisions made by or on behalf of patients, including a review of those directives and decisions.

TX SB1724

Relating to advance directives and health care treatment decisions made by or on behalf of patients, including a review of those directives and decisions.

TX HB3099

Relating to advance directives in Texas.

TX SB303

Relating to advance directives and health care and treatment decisions.

TX HB1444

Relating to advance directives and health care and treatment decisions.

TX SB1944

Relating to end-of-life issues and hospice care.

TX SB917

Relating to advance directives or health care or treatment decisions made by or on behalf of patients.