This bill amends the "Estates and Protected Individuals Code" by introducing a new section titled "Surrogate Decision Makers for Health Care." It defines key terms such as "attending health professional," "health care," "health care decision," and "surrogate," and establishes the conditions under which a surrogate can make health care decisions for a patient who is unable to do so. The bill outlines a hierarchy for surrogate designation, the process for appointing a surrogate, and the responsibilities and limitations of surrogates, emphasizing that they must act in the best interests of the patient and adhere to fiduciary standards. It also prohibits certain individuals, such as those under a personal protection order against the patient, from serving as surrogates and restricts surrogates from making decisions that could lead to the patient's death without specific authorization.
Furthermore, the bill enhances the rights of health care providers and patient advocates concerning patient care and medical information. It requires health care providers, facilities, or agencies to comply with specific provisions and grants patient advocates and authorized individuals the same rights as patients to access and manage medical information. The enactment of this bill is contingent upon the passage of related legislative measures, ensuring that the new rights and responsibilities will only take effect if those measures are approved.
Statutes affected: Substitute (H-2): 700.1101, 700.8206, 400.66
Substitute (S-3): 700.1101, 700.8206, 400.66
House Introduced Bill: 700.1101, 700.8206, 400.66
As Passed by the House: 700.1101, 700.8206, 400.66