Bill Summary – FastDemocracy

      
            H.B. No. 3162
         
               AN ACT
            
            relating to advance directives, do-not-resuscitate orders, and 
         
            health care treatment decisions made by or on behalf of certain 
         
            patients, including a review of directives and decisions.
         
                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                   SECTION 1.  Subchapter B, Chapter 166, Health and Safety 
         
            Code, is amended by adding Section 166.0445 to read as follows:
         
                   Sec. 166.0445.  LIMITATION ON LIABILITY FOR PERFORMING 
         
            CERTAIN MEDICAL PROCEDURES.  (a)  A physician or a health care 
         
            professional acting under the direction of a physician is not 
         
            subject to civil liability for participating in a medical procedure 
         
            performed under Section 166.046(d-2).
         
                   (b)  A physician or a health care professional acting under 
         
            the direction of a physician is not subject to criminal liability 
         
            for participating in a medical procedure performed under Section 
         
            166.046(d-2) unless:
         
                         (1)  the physician or health care professional in 
         
            participating in the medical procedure acted with a specific 
         
            malicious intent to cause the death of the patient and that conduct 
         
            significantly hastened the patient's death; and
         
                         (2)  the hastening of the patient's death is not 
         
            attributable to the risks associated with the medical procedure.
         
                   (c)  A physician or a health care professional acting under 
         
            the direction of a physician has not engaged in unprofessional 
         
            conduct by participating in a medical procedure performed under 
         
            Section 166.046(d-2) unless the physician or health care 
         
            professional in participating in the medical procedure acted with a 
         
            specific malicious intent to harm the patient.
         
                   SECTION 2.  The heading to Section 166.046, Health and 
         
            Safety Code, is amended to read as follows:
         
                   Sec. 166.046.  PROCEDURE IF NOT EFFECTUATING [A] DIRECTIVE 
         
            OR TREATMENT DECISION FOR CERTAIN PATIENTS.
         
                   SECTION 3.  Section 166.046, Health and Safety Code, is 
         
            amended by amending Subsections (a), (b), (c), (d), (e), and (g) and 
         
            adding Subsections (a-1), (a-2), (b-1), (b-2), (b-3), (d-1), (d-2), 
         
            (d-3), and (i) to read as follows:
         
                   (a)  This section applies only to health care and treatment 
         
            for a patient who is determined to be incompetent or is otherwise 
         
            mentally or physically incapable of communication.
         
                   (a-1)  If an attending physician refuses to honor an [a 
         
            patient's] advance directive of or [a] health care or treatment 
         
            decision made by or on behalf of a patient to whom this section 
         
            applies, the physician's refusal shall be reviewed by an ethics or 
         
            medical committee.  The attending physician may not be a member of 
         
            that committee during the review.  The patient shall be given 
         
            life-sustaining treatment during the review.
         
                   (a-2)  An ethics or medical committee that reviews a 
         
            physician's refusal to honor an advance directive or health care or 
         
            treatment decision under Subsection (a-1) shall consider the 
         
            patient's well-being in conducting the review but may not make any 
         
            judgment on the patient's quality of life.  For purposes of this 
         
            section, a decision by the committee based on any of the 
         
            considerations described by Subdivisions (1) through (5) is not a 
         
            judgment on the patient's quality of life.  If the review requires 
         
            the committee to determine whether life-sustaining treatment 
         
            requested in the patient's advance directive or by the person 
         
            responsible for the patient's health care decisions is medically 
         
            inappropriate, the committee shall consider whether provision of 
         
            the life-sustaining treatment:
         
                         (1)  will prolong the natural process of dying or 
         
            hasten the patient's death;
         
                         (2)  will result in substantial, irremediable, and 
         
            objectively measurable physical pain that is not outweighed by the 
         
            benefit of providing the treatment;
         
                         (3)  is medically contraindicated such that the 
         
            provision of the treatment seriously exacerbates life-threatening 
         
            medical problems not outweighed by the benefit of providing the 
         
            treatment;
         
                         (4)  is consistent with the prevailing standard of 
         
            care; or
         
                         (5)  is contrary to the patient's clearly documented 
         
            desires.
         
                   (b)  The [patient or the] person responsible for the 
         
            patient's health care decisions [of the individual who has made the 
         
Statutes affected: 
Introduced: Health and Safety Code 166.046, Health and Safety Code 166.052, Health and Safety Code 166.202, Health and Safety Code 166.203, Health and Safety Code 166.039, Health and Safety Code 166.206, Health and Safety Code 166.209, Health and Safety Code 313.004 (Health and Safety Code 166, Health and Safety Code 313)
House Committee Report: Health and Safety Code 166.046, Health and Safety Code 166.052, Health and Safety Code 166.203, Health and Safety Code 166.039, Health and Safety Code 166.209, Health and Safety Code 313.004 (Health and Safety Code 166, Health and Safety Code 313)
Engrossed: Health and Safety Code 166.046, Health and Safety Code 166.052, Health and Safety Code 166.203, Health and Safety Code 166.039, Health and Safety Code 166.209, Health and Safety Code 313.004 (Health and Safety Code 166, Health and Safety Code 313)
Senate Committee Report: Health and Safety Code 166.046, Health and Safety Code 166.052, Health and Safety Code 166.203, Health and Safety Code 166.039, Health and Safety Code 166.209, Health and Safety Code 313.004 (Health and Safety Code 166, Health and Safety Code 313)
Enrolled: Health and Safety Code 166.046, Health and Safety Code 166.052, Health and Safety Code 166.203, Health and Safety Code 166.039, Health and Safety Code 166.209, Health and Safety Code 313.004 (Health and Safety Code 166, Health and Safety Code 313)




	AN ACT
	relating to advance directives, do-not-resuscitate orders, and
	health care treatment decisions made by or on behalf of certain
	patients, including a review of directives and decisions.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter B, Chapter 166, Health and Safety
	Code, is amended by adding Section 166.0445 to read as follows:
	Sec. 166.0445. LIMITATION ON LIABILITY FOR PERFORMING
	CERTAIN MEDICAL PROCEDURES. (a) A physician or a health care
	professional acting under the direction of a physician is not
	subject to civil liability for participating in a medical procedure
	performed under Section 166.046(d-2).
	(b) A physician or a health care professional acting under
	the direction of a physician is not subject to criminal liability
	for participating in a medical procedure performed under Section
	166.046(d-2) unless:
	(1) the physician or health care professional in
	participating in the medical procedure acted with a specific
	malicious intent to cause the death of the patient and that conduct
	significantly hastened the patient's death; and
	(2) the hastening of the patient's death is not
	attributable to the risks associated with the medical procedure.
	(c) A physician or a health care professional acting under
	the direction of a physician has not engaged in unprofessional
	conduct by participating in a medical procedure performed under
	Section 166.046(d-2) unless the physician or health care
	professional in participating in the medical procedure acted with a
	specific malicious intent to harm the patient.
	SECTION 2. The heading to Section 166.046, Health and
	Safety Code, is amended to read as follows:
	Sec. 166.046. PROCEDURE IF NOT EFFECTUATING [A] DIRECTIVE
	OR TREATMENT DECISION FOR CERTAIN PATIENTS.
	SECTION 3. Section 166.046, Health and Safety Code, is
	amended by amending Subsections (a), (b), (c), (d), (e), and (g) and
	adding Subsections (a-1), (a-2), (b-1), (b-2), (b-3), (d-1), (d-2),
	(d-3), and (i) to read as follows:
	(a) This section applies only to health care and treatment
	for a patient who is determined to be incompetent or is otherwise
	mentally or physically incapable of communication.
	(a-1) If an attending physician refuses to honor an [a
	~~patient's~~] advance directive of or [a] health care or treatment
	decision made by or on behalf of a patient to whom this section
	applies, the physician's refusal shall be reviewed by an ethics or
	medical committee. The attending physician may not be a member of
	that committee during the review. The patient shall be given
	life-sustaining treatment during the review.
	(a-2) An ethics or medical committee that reviews a
	physician's refusal to honor an advance directive or health care or
	treatment decision under Subsection (a-1) shall consider the
	patient's well-being in conducting the review but may not make any
	judgment on the patient's quality of life. For purposes of this
	section, a decision by the committee based on any of the
	considerations described by Subdivisions (1) through (5) is not a
	judgment on the patient's quality of life. If the review requires
	the committee to determine whether life-sustaining treatment
	requested in the patient's advance directive or by the person
	responsible for the patient's health care decisions is medically
	inappropriate, the committee shall consider whether provision of
	the life-sustaining treatment:
	(1) will prolong the natural process of dying or
	hasten the patient's death;
	(2) will result in substantial, irremediable, and
	objectively measurable physical pain that is not outweighed by the
	benefit of providing the treatment;
	(3) is medically contraindicated such that the
	provision of the treatment seriously exacerbates life-threatening
	medical problems not outweighed by the benefit of providing the
	treatment;
	(4) is consistent with the prevailing standard of
	care; or
	(5) is contrary to the patient's clearly documented
	desires.
	(b) The [~~patient or the~~] person responsible for the
	patient's health care decisions [~~of the individual who has made the~~
	Statutes affected: Introduced: Health and Safety Code 166.046, Health and Safety Code 166.052, Health and Safety Code 166.202, Health and Safety Code 166.203, Health and Safety Code 166.039, Health and Safety Code 166.206, Health and Safety Code 166.209, Health and Safety Code 313.004 (Health and Safety Code 166, Health and Safety Code 313) House Committee Report: Health and Safety Code 166.046, Health and Safety Code 166.052, Health and Safety Code 166.203, Health and Safety Code 166.039, Health and Safety Code 166.209, Health and Safety Code 313.004 (Health and Safety Code 166, Health and Safety Code 313) Engrossed: Health and Safety Code 166.046, Health and Safety Code 166.052, Health and Safety Code 166.203, Health and Safety Code 166.039, Health and Safety Code 166.209, Health and Safety Code 313.004 (Health and Safety Code 166, Health and Safety Code 313) Senate Committee Report: Health and Safety Code 166.046, Health and Safety Code 166.052, Health and Safety Code 166.203, Health and Safety Code 166.039, Health and Safety Code 166.209, Health and Safety Code 313.004 (Health and Safety Code 166, Health and Safety Code 313) Enrolled: Health and Safety Code 166.046, Health and Safety Code 166.052, Health and Safety Code 166.203, Health and Safety Code 166.039, Health and Safety Code 166.209, Health and Safety Code 313.004 (Health and Safety Code 166, Health and Safety Code 313)