Texas 2017 - 85th Regular

Texas Senate Bill SB919 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Rodríguez S.B. No. 919
2		-	(Coleman)
	1	+	S.B. No. 919
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the authority of an advanced practice registered nurse
8	6		or physician assistant to sign a death certificate in limited
9	7		situations.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. Section 193.005, Health and Safety Code, is
12	10		amended by amending Subsections (a), (b), and (c) and adding
13	11		Subsection (a-1) to read as follows:
14	12		(a) A person required to file a death certificate or fetal
15	13		death certificate shall obtain the required medical certification
16	14		from the decedent's [an] attending physician, or, subject to
17	15		Subsection (a-1), a physician assistant or advanced practice
18	16		registered nurse of the decedent, if the death occurred under
19	17		[medical attendance for] the care of the person in connection with
20	18		the [and] treatment of the condition or disease process that
21	19		contributed to the death.
22	20		(a-1) A physician assistant or advanced practice registered
23	21		nurse may only complete the medical certification for a death
24	22		certificate or fetal death certificate under this section if:
25	23		(1) a patient who has executed a written certification
26	24		of a terminal illness has elected to receive hospice care and is
27	25		receiving hospice services, as defined under Chapter 142, from a
28	26		qualified hospice provider; or
29	27		(2) a patient is receiving palliative care.
30	28		(b) The attending physician, physician assistant, or
31	29		advanced practice registered nurse shall complete the medical
32	30		certification not later than five days after receiving the death
33	31		certificate.
34	32		(c) An associate physician, the chief medical officer of the
35	33		institution where the death occurred, or the physician who
36	34		performed an autopsy on the decedent may complete the medical
37	35		certification if:
38	36		(1) the attending physician, the physician assistant,
39	37		and the advanced practice registered nurse described by Subsection
40	38		(a) are [is] unavailable;
41	39		(2) the attending physician, the physician assistant,
42	40		or the advanced practice registered nurse described by Subsection
43	41		(a) approves; and
44	42		(3) the person completing the medical certification
45	43		has access to the medical history of the case and the death is due to
46	44		natural causes.
47	45		SECTION 2. Section 671.001(d), Health and Safety Code, is
48	46		amended to read as follows:
49	47		(d) A registered nurse, including an advanced practice
50	48		registered nurse, or physician assistant may determine and
51	49		pronounce a person dead in situations other than those described by
52	50		Subsection (b) if permitted by written policies of a licensed
53	51		health care facility, institution, or entity providing services to
54	52		that person. Those policies must include physician assistants who
55	53		are credentialed or otherwise permitted to practice at the
56	54		facility, institution, or entity. If the facility, institution, or
57	55		entity has an organized nursing staff and an organized medical
58	56		staff or medical consultant, the nursing staff and medical staff or
59	57		consultant shall jointly develop and approve those policies. The
60	58		executive commissioner of the Health and Human Services Commission
61	59		shall adopt rules to govern policies for facilities, institutions,
62	60		or entities that do not have organized nursing staffs and organized
63	61		medical staffs or medical consultants.
64	62		SECTION 3. Section 671.002(a), Health and Safety Code, is
65	63		amended to read as follows:
66	64		(a) A physician who determines death in accordance with
67	65		Section 671.001(b) or a registered nurse, including an advanced
68	66		practice registered nurse, or physician assistant who determines
69	67		death in accordance with Section 671.001(d) is not liable for civil
70	68		damages or subject to criminal prosecution for the physician's,
71	69		registered nurse's, or physician assistant's actions or the actions
72	70		of others based on the determination of death.
73	71		SECTION 4. This Act takes effect immediately if it receives
74	72		a vote of two-thirds of all the members elected to each house, as
75	73		provided by Section 39, Article III, Texas Constitution. If this
76	74		Act does not receive the vote necessary for immediate effect, this
77	75		Act takes effect September 1, 2017.
	76	+	______________________________ ______________________________
	77	+	President of the Senate Speaker of the House
	78	+	I hereby certify that S.B. No. 919 passed the Senate on
	79	+	May 4, 2017, by the following vote: Yeas 31, Nays 0.
	80	+	______________________________
	81	+	Secretary of the Senate
	82	+	I hereby certify that S.B. No. 919 passed the House on
	83	+	May 24, 2017, by the following vote: Yeas 144, Nays 2, two
	84	+	present not voting.
	85	+	______________________________
	86	+	Chief Clerk of the House
	87	+	Approved:
	88	+	______________________________
	89	+	Date
	90	+	______________________________
	91	+	Governor