Texas 2021 - 87th Regular

Texas House Bill HB4329 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Canales H.B. No. 4329
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the determination of death when artificial means of
7	7	support preclude a determination that a person's spontaneous
8	8	respiratory and circulatory functions have ceased.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. This Act may be cited as the Brain-Injured
11	11	Patients Protection Act.
12	12	SECTION 2. Section 671.001(b), Health and Safety Code, is
13	13	amended to read as follows:
14	14	(b) If artificial means of support preclude a determination
15	15	that a person's spontaneous respiratory and circulatory functions
16	16	have ceased, the person is dead when, in the announced opinion of a
17	17	physician professionally qualified by specialty or expertise,
18	18	according to ordinary standards of medical practice, there is
19	19	irreversible cessation of all functions of the entire brain,
20	20	including the brain stem [spontaneous brain function]. Death occurs
21	21	when the relevant functions cease.
22	22	SECTION 3. Section 671.001, Health and Safety Code, is
23	23	amended by adding subsection (e) to read as follows:
24	24	(e) When artificial means of support preclude a
25	25	determination that a person's spontaneous respiratory and
26	26	circulatory functions have ceased, before death may be pronounced,
27	27	the following procedures must be observed:
28	28	(1) A second physician professionally qualified by
29	29	specialty or expertise must confirm that, in accordance with the
30	30	criteria in Section 671.001(b), there is irreversible cessation of
31	31	all functions of the entire brain, including the brain stem.
32	32	(2) After the second physician confirms the diagnosis,
33	33	the patient's medical records shall be provided in full to the
34	34	person responsible for the health care decisions of the patient,
35	35	who shall be allowed reasonable time to review the records and seek
36	36	a second opinion. At the time that medical records are provided, the
37	37	person responsible for the healthcare decisions of the patient
38	38	shall be informed that they have the right to seek a second opinion
39	39	from physicians at other facilities.
40	40	(3) The person responsible for the healthcare
41	41	decisions of the patient must receive written notice that all
42	42	requirements for determining death under this subchapter have been
43	43	met. The medical tests performed in accordance with ordinary
44	44	standards of medical practice showing irreversible cessation of all
45	45	functions of the entire brain, including the brain stem, must be
46	46	attached to this notice.
47	47	(4) After receiving the written notice, the person
48	48	responsible for the healthcare decisions of the patient shall be
49	49	informed that they have the option to delay the removal of
50	50	artificial means of supporting the patient's respiratory and
51	51	circulatory functions for no less than 28 days from the receipt of
52	52	the written notice.
53	53	SECTION 4. Section 671.001, Health and Safety Code, is
54	54	amended by adding subsection (f) to read as follows:
55	55	(f) If the individual to be declared dead upon the basis of
56	56	neurological criteria is or may be an organ donor, the physician who
57	57	makes the declaration that death has occurred shall not be the organ
58	58	transplant surgeon, the attending physician of the organ recipient,
59	59	or otherwise an individual subject to a potentially significant
60	60	conflict of interest relating to procedures for organ procurement.
61	61	SECTION 5. Section 671.001 is amended by adding subsection
62	62	(g) to read as follows:
63	63	(g) The death of an individual shall not be declared upon
64	64	the basis of neurological criteria pursuant to this subchapter when
65	65	the licensed physician authorized to declare death, has reason to
66	66	believe, on the basis of information in the individual's available
67	67	medical records, or information provided by a member of the
68	68	individual's family or any other person knowledgeable about the
69	69	individual's personal religious beliefs that such a declaration
70	70	would violate the personal religious beliefs of the individual. In
71	71	these cases, death shall be declared, and the time of death fixed,
72	72	solely upon the basis of cardio-respiratory criteria pursuant to
73	73	Section 671.001(a).
74	74	SECTION 6. Section 671.002(a) is amended to read as
75	75	follows:
76	76	(a) A physician who determines death in accordance with
77	77	Section 671.001(b) or a registered nurse, including an advanced
78	78	practice registered nurse, or physician assistant who determines
79	79	death in accordance with Section 671.001(d) is not liable for civil
80	80	damages or subject to criminal prosecution for the physician's,
81	81	registered nurse's, or physician assistant's actions or the actions
82	82	of others based on the determination of death, provided that the
83	83	individual who made the determination of death followed all
84	84	procedures required by Section 671.001.
85	85	SECTION 7. This Act takes effect immediately if it receives
86	86	a vote of two-thirds of all the members elected to each house, as
87	87	provided by Section 39, Article III, Texas Constitution. If this
88	88	Act does not receive the vote necessary for immediate effect, this
89	89	Act takes effect September 1, 2021.