The bill amends the "Estates and Protected Individuals Code" by adding sections 5605 and 5606, which establish legal protections for health care providers and individuals acting as patient advocates, guardians, or surrogates. Under section 5605, health care providers and facilities are granted immunity from civil or criminal liability when they act in good faith in accordance with health care decisions made by individuals who appear to have the authority to make such decisions. This includes complying with a valid designation of a patient advocate and declining to follow a decision if there is a belief that the person lacks authority. Additionally, individuals acting in these roles are also protected from liability for health care decisions made in good faith.

Section 5606 introduces penalties for intentional violations of these provisions. Health care providers or facilities that intentionally violate the new regulations may be liable for damages of $1,000 or actual damages, whichever is greater, along with reasonable attorney fees. Furthermore, individuals who falsify or conceal a designation of patient advocate or who fraudulently induce someone regarding an advance health care directive may face liability for damages of $2,500 or actual damages, plus attorney fees. The enactment of this bill is contingent upon the passage of related legislation in the 103rd Legislature.

Statutes affected:
House Introduced Bill: 700.1101, 700.8206
As Passed by the House: 700.1101, 700.8206