Texas House Bill HB3158

Texas 2019 - 86th Regular

Caption

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

Impact

The bill modifies key sections of the Health and Safety Code, particularly those relating to health care rights and treatment decisions for patients. It mandates that life-sustaining treatment must be provided when there is a disagreement between a physician and a patient's directives, thereby reinforcing the autonomy of patients in their medical care. The legislation also requires an ethics or medical committee to review a physician's refusal to comply with a patient’s directive, ensuring that there is oversight in these critical decisions.

Summary

House Bill 3158, known as the Respecting Texas Patients' Right to Life Act, focuses on enhancing the rights of patients and their families to make decisions regarding life-sustaining treatments. This legislative act amends existing provisions in the Advance Directives Act to ensure that if an attending physician refuses to honor a patient's advance directive, life-sustaining treatment will continue to be administered. This provision remains in effect until the patient can be transferred to a healthcare provider who is willing to comply with the directive or treatment decision.

Contention

Despite the intention to protect patient rights, the bill has faced some contention. Critics argue that it may lead to unnecessary prolongation of suffering for patients whose conditions are deemed terminal or where treatment is medically inappropriate. There's concern that forcing physicians to provide treatment against their best medical judgment could undermine the ethics of their profession. Proponents, however, believe it safeguards patients' rights to dictate their care and ensures that their wishes are respected fully.

Notable_points

The bill's requirement for continuous treatment while arranging for transfer establishes a legal framework that prioritizes patient wishes. However, questions about the logistics of transfer, the definition of medically inappropriate treatments, and the roles of ethics committees in these scenarios have sparked debate among healthcare professionals and lawmakers. These discussions highlight the complex interplay between medical ethics and patient rights, which are central to the legislation.