Texas House Bill HB4329

Texas 2021 - 87th Regular

Caption

Relating to the determination of death when artificial means of support preclude a determination that a person's spontaneous respiratory and circulatory functions have ceased.

Impact

The bill notably adds requirements to the existing Health and Safety Code, such as the necessity for a second physician's confirmation before declaring someone dead when artificial means impede the determination of life functions. It also emphasizes the importance of giving the individual responsible for healthcare decisions time to review medical records and seek a second opinion. Furthermore, the bill stipulates that individuals can delay the removal of life support for at least 28 days after being informed of the death declaration procedures. This aim is to provide caregivers and families additional time to process these decisions amidst grief.

Summary

House Bill 4329, also known as the Brain-Injured Patients Protection Act, addresses the determination of death for patients on artificial life support who cannot have their spontaneous respiratory and circulatory functions evaluated. The bill establishes that an individual can be declared dead when there is irreversible cessation of all brain functions, inclusive of the brain stem, as confirmed by two qualified physicians. This provision ensures that there is a rigorous process for declaring death to protect both patients and families in potentially sensitive situations.

Contention

There may be points of contention regarding the intersections of healthcare practices and personal beliefs, particularly because the bill allows for exemptions if declaring death could contravene the personal religious beliefs of the individual concerned. Some may argue that the procedures outlined in the bill could lead to ethical dilemmas or conflicts in situations where religious beliefs impact end-of-life decisions or organ donation choices. Ensuring that cases are comprehensively evaluated while respecting individual beliefs underlines a delicate balance that healthcare providers must maintain under this legislation.