Texas 2025 - 89th Regular

Texas House Bill HB3588 Compare Versions

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

Old	New	Differences
1	1	89R13710 EAS-F
2	2	By: Campos H.B. No. 3588
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to patients' rights, consumer protection, and directives
10	10	for the provision of health care services; providing an
11	11	administrative penalty.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter A, Chapter 166, Health and Safety
14	14	Code, is amended by adding Section 166.012 to read as follows:
15	15	Sec. 166.012. DIRECTIVE FOR PHYSICIAN DIAGNOSIS AND
16	16	TREATMENT. (a) A competent adult may execute a written directive
17	17	that:
18	18	(1) requires any diagnosis or treatment provided to
19	19	the adult to be provided only by a physician; and
20	20	(2) provides that if the adult is incompetent or
21	21	otherwise mentally or physically incapable of communication, only a
22	22	physician may diagnose and treat the adult.
23	23	(b) Except as provided by Subsection (c), the declarant must
24	24	sign the directive in the presence of two witnesses who qualify
25	25	under Section 166.003, at least one of whom must be a witness who
26	26	qualifies under Section 166.003(2). The witnesses must sign the
27	27	directive.
28	28	(c) The declarant, in lieu of signing in the presence of
29	29	witnesses, may sign the directive and have the signature
30	30	acknowledged before a notary public.
31	31	(d) A declarant shall notify the declarant's attending
32	32	physician of the existence of the written directive. If the
33	33	declarant is incompetent or otherwise mentally or physically
34	34	incapable of communication, another person may notify the attending
35	35	physician of the existence of the directive. The attending
36	36	physician shall make the directive a part of the declarant's
37	37	medical record.
38	38	(e) A directive described by Subsection (a) prevails over a
39	39	conflicting directive unless the conflicting directive is later
40	40	executed and states that the directive executed under this section
41	41	is revoked.
42	42	SECTION 2. Title 2, Health and Safety Code, is amended by
43	43	adding Subtitle K to read as follows:
44	44	SUBTITLE K. PROVISION OF HEALTH CARE SERVICES
45	45	CHAPTER 189. TEXAS PATIENTS' BILL OF RIGHTS
46	46	SUBCHAPTER A. GENERAL PROVISIONS
47	47	Sec. 189.001. DEFINITIONS. In this chapter:
48	48	(1) "Health care facility" means a facility licensed,
49	49	certified, registered, or otherwise authorized to administer
50	50	health care services, for profit or otherwise, to individuals in
51	51	this state in the ordinary course of business or professional
52	52	practice.
53	53	(2) "Health care practitioner" means an individual
54	54	licensed, certified, registered, or otherwise authorized to
55	55	administer health care services, for profit or otherwise, to
56	56	individuals in this state in the ordinary course of business or
57	57	practice.
58	58	(3) "Health care services" means services provided by
59	59	a health care practitioner to prevent, alleviate, cure, or heal
60	60	human illness or injury.
61	61	Sec. 189.002. PURPOSE. The purpose of this chapter is to
62	62	provide the necessary information for patients to make informed
63	63	decisions on health care services.
64	64	Sec. 189.003. APPLICABILITY. (a) Except as provided by
65	65	Subsection (b), this chapter applies to each health care facility
66	66	in this state, including hospitals, freestanding emergency medical
67	67	care facilities, hospital-owned outpatient clinics, urgent care
68	68	centers, and ambulatory surgical centers, and each health care
69	69	practitioner in this state.
70	70	(b) This chapter does not apply to a dentist, physical
71	71	therapist, or chiropractor.
72	72	Sec. 189.004. RULES. Each state regulatory agency that
73	73	issues a license, certification, registration, or other
74	74	authorization to a health care facility or health care
75	75	practitioner, including the Texas Medical Board, Texas Physician
76	76	Assistant Board, and Texas Board of Nursing, and the executive
77	77	commissioner shall adopt rules necessary to implement this chapter.
78	78	SUBCHAPTER B. PATIENT RIGHTS
79	79	Sec. 189.051. RIGHTS RELATED TO HEALTH CARE PRACTITIONERS.
80	80	A patient in this state has the right to:
81	81	(1) be informed of the type of license a health care
82	82	practitioner holds by viewing a photo identification worn by the
83	83	practitioner in accordance with Section 189.102;
84	84	(2) be informed about whether a supervising physician
85	85	is present at the health care facility at the time the patient
86	86	receives health care services at the facility;
87	87	(3) decline health care services provided by a
88	88	nonphysician health care practitioner and instead request that a
89	89	physician provide the health care services within a reasonable
90	90	time;
91	91	(4) be informed in advance of the patient's health care
92	92	appointment of the health care practitioner scheduled to provide
93	93	health care services to the patient;
94	94	(5) avoid any penalty for the patient's refusal to
95	95	accept provision of health care services by a nonphysician health
96	96	care practitioner;
97	97	(6) be provided an initial consultation only with a
98	98	specialist who is a physician;
99	99	(7) be informed of the identity of the physician
100	100	supervising each nonphysician health care practitioner involved in
101	101	providing health care services to the patient; and
102	102	(8) be provided accurate health care information that
103	103	is not misleading or deceptive in a manner prohibited under Section
104	104	102.0015, Occupations Code.
105	105	Sec. 189.052. RIGHTS RELATED TO INFORMED CONSENT. (a) A
106	106	patient in this state has the right to:
107	107	(1) receive a clearly readable and intelligible copy
108	108	of all consent to treat forms before the patient is asked to sign
109	109	those forms;
110	110	(2) receive and execute a one-page document
111	111	authorizing only a physician to diagnose and treat the patient;
112	112	(3) receive simplified paperwork that does not require
113	113	the patient to enter duplicate information on multiple forms;
114	114	(4) execute an advance directive under Section 166.012
115	115	requiring that only a physician diagnose and treat the patient,
116	116	including when the patient is unable to communicate; and
117	117	(5) receive documentation with a clear explanation of
118	118	each proposed health care service, including medications, and any
119	119	practicable alternatives to each service.
120	120	(b) A reference on an electronic device to a consent to
121	121	treat form or another document that the patient has not received
122	122	does not satisfy the requirements of Subsection (a)(1).
123	123	Sec. 189.053. RIGHTS RELATED TO TREATMENT. A patient in
124	124	this state has the right to:
125	125	(1) if practicable, have an advocate, including a
126	126	family member or other individual, present with the patient during
127	127	the provision of health care services;
128	128	(2) receive an easily understandable summary of the
129	129	health care services provided to the patient;
130	130	(3) for hospitalized patients, have an accurate active
131	131	medication list maintained at all times while the patient remains
132	132	hospitalized; and
133	133	(4) as applicable, receive documentation stating that
134	134	the patient's treatment is deviating from the standard of care
135	135	because of cost, health benefit plan coverage, or hospital supply
136	136	shortage.
137	137	Sec. 189.054. RIGHTS RELATED TO BILLING. A patient in this
138	138	state has the right to receive:
139	139	(1) if practicable, a written estimate of the cost of
140	140	health care services, including the cost of directly paying the
141	141	health care practitioner or health care facility that provides the
142	142	services rather than paying through a health benefit plan;
143	143	(2) written notice on whether the patient's health
144	144	benefit plan covers a health care service;
145	145	(3) a written disclosure on whether any health care
146	146	practitioner who may provide health care services to the patient is
147	147	an independent contractor who bills separately; and
148	148	(4) a reduced price for health care services provided
149	149	by a nonphysician health care practitioner.
150	150	SUBCHAPTER C. REQUIREMENTS FOR HEALTH CARE FACILITIES AND
151	151	PRACTITIONERS
152	152	Sec. 189.101. PROHIBITED ABRIDGEMENT OF RIGHTS OR VIOLATION
153	153	OF RULES. A health care facility or health care practitioner may
154	154	not abridge a right described by Subchapter B or violate a rule
155	155	adopted under this chapter.
156	156	Sec. 189.102. PHOTO IDENTIFICATION REQUIREMENTS FOR HEALTH
157	157	CARE PRACTITIONERS. (a) While providing health care services to a
158	158	patient, a health care practitioner shall wear a clearly visible
159	159	photo identification that identifies the practitioner's
160	160	occupational license, certification, registration, or other
161	161	authorization issued under Title 3, Occupations Code, or the
162	162	occupational license, certification, registration, or other
163	163	authorization for which the practitioner is training under that
164	164	title.
165	165	(b) The photo identification must clearly state the health
166	166	care practitioner's occupation and may not abbreviate the
167	167	occupation.
168	168	(c) The photo identification for a health care practitioner
169	169	who is training to hold a license, certification, registration, or
170	170	other authorization under Title 3, Occupations Code, must identify
171	171	the practitioner as a student, resident, or fellow.
172	172	Sec. 189.103. INFORMATION REGARDING NONPHYSICIAN HEALTH
173	173	CARE PRACTITIONERS. A health care facility employing nonphysician
174	174	health care practitioners at a facility location shall clearly post
175	175	in each patient waiting area at the location and on all
176	176	advertisements for health care services provided at the location
177	177	that:
178	178	(1) health care services are provided by nonphysician
179	179	health care practitioners; and
180	180	(2) the patient has the right to be informed of the
181	181	identity of the supervising physician of any nonphysician health
182	182	care provider who provides health care services to the patient.
183	183	Sec. 189.104. PROVISION OF TRAINING INFORMATION. A health
184	184	care facility in this state shall post the differences in training
185	185	requirements for the health care practitioners employed by the
186	186	facility on the facility's Internet website and in each of the
187	187	facility's patient waiting areas.
188	188	SUBCHAPTER D. ENFORCEMENT
189	189	Sec. 189.151. REPORT. A patient may report a violation of a
190	190	right described by Subchapter B to:
191	191	(1) the state regulatory agency that issues a license,
192	192	certification, registration, or other authorization to a health
193	193	care practitioner, including:
194	194	(A) the Texas Medical Board for physicians;
195	195	(B) the Texas Physician Assistant Board for
196	196	physician assistants; and
197	197	(C) the Texas Board of Nursing for nurses; and
198	198	(2) the state regulatory agency that issues a license,
199	199	certification, registration, or other authorization to a health
200	200	care facility, including the commission.
201	201	Sec. 189.152. ADMINISTRATIVE PENALTY. (a) A state
202	202	regulatory agency for a health care facility or health care
203	203	practitioner, including the Texas Medical Board, the Texas
204	204	Physician Assistant Board, the Texas Board of Nursing, and the
205	205	commission, may impose an administrative penalty against a person
206	206	regulated by the agency who violates this chapter or a rule adopted
207	207	under this chapter.
208	208	(b) The assessed penalty may not be less than $100 or more
209	209	than $10,000 for each violation. Each day of a violation that
210	210	occurs before the day on which the person receives written notice of
211	211	the violation does not constitute a separate violation and shall be
212	212	considered one violation. Each day of a continuing violation that
213	213	occurs after the day on which the person receives written notice of
214	214	the violation constitutes a separate violation.
215	215	SECTION 3. Subchapter A, Chapter 102, Occupations Code, is
216	216	amended by adding Section 102.0015 to read as follows:
217	217	Sec. 102.0015. REQUIREMENTS AND PROHIBITED PRACTICES
218	218	RELATED TO QUALIFICATIONS IN ADVERTISEMENTS. (a) A person may not
219	219	make a deceptive or misleading statement or engage in a deceptive or
220	220	misleading act in advertising health care services that
221	221	misrepresents:
222	222	(1) whether the person holds a license, certification,
223	223	registration, or other authorization issued by this state to
224	224	provide the services; or
225	225	(2) the person's education, training, or clinical
226	226	expertise.
227	227	(b) A person who is advertising health care services
228	228	provided by the person shall disclose in the advertisement the
229	229	applicable license, certification, registration, or other
230	230	authorization under which the person is authorized to provide the
231	231	services.
232	232	SECTION 4. Section 102.008, Occupations Code, is amended to
233	233	read as follows:
234	234	Sec. 102.008. DISCIPLINARY ACTION. A violation of Section
235	235	102.001, 102.0015, or 102.006 is grounds for disciplinary action by
236	236	the regulatory agency that issued a license, certification, or
237	237	registration to the person who committed the violation.
238	238	SECTION 5. Each state regulatory agency that issues a
239	239	license, certification, registration, or other authorization to a
240	240	health care practitioner or health care facility, including the
241	241	Texas Medical Board, Texas Physician Assistant Board, and Texas
242	242	Board of Nursing, and the executive commissioner of the Health and
243	243	Human Services Commission shall adopt rules necessary to implement
244	244	Chapter 189, Health and Safety Code, as added by this Act, not later
245	245	than January 1, 2026.
246	246	SECTION 6. Chapter 189, Health and Safety Code, as added by
247	247	this Act, applies to the provision of health care services on or
248	248	after January 1, 2026.
249	249	SECTION 7. This Act takes effect September 1, 2025.