Bill Text: TX HB1874 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the establishment of the Palliative Care Interdisciplinary Advisory Council.
Spectrum: Moderate Partisan Bill (Republican 7-1)
Status: (Passed) 2015-06-09 - Effective immediately [HB1874 Detail]
Download: Texas-2015-HB1874-Enrolled.html
H.B. No. 1874 |
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relating to the establishment of the Palliative Care | ||
Interdisciplinary Advisory Council. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The legislature finds that: | ||
(1) palliative care is person-centered, | ||
family-focused care that provides a patient with relief from the | ||
symptoms, pain, and stress of a serious illness; | ||
(2) palliative care is provided by a team of | ||
physicians, nurses, and other health care specialists to ensure an | ||
additional layer of support to a patient during the treatment of a | ||
serious illness; | ||
(3) palliative care is appropriate for a patient of | ||
any age and at any stage of a serious illness; and | ||
(4) evidence shows that palliative care can reduce | ||
medical costs in addition to helping a patient recover from a | ||
serious illness more quickly and easily. | ||
SECTION 2. Subtitle E, Title 2, Health and Safety Code, is | ||
amended by adding Chapter 118 to read as follows: | ||
CHAPTER 118. PALLIATIVE CARE INTERDISCIPLINARY ADVISORY COUNCIL | ||
Sec. 118.001. DEFINITION. In this chapter, "advisory | ||
council" means the Palliative Care Interdisciplinary Advisory | ||
Council established under this chapter. | ||
Sec. 118.002. ESTABLISHMENT; PURPOSE. The commission shall | ||
establish the Palliative Care Interdisciplinary Advisory Council | ||
to assess the availability of patient-centered and family-focused | ||
palliative care in this state. | ||
Sec. 118.003. APPLICATION OF SUNSET ACT. The advisory | ||
council is subject to Chapter 325, Government Code (Texas Sunset | ||
Act). Unless continued in existence as provided by that chapter, | ||
the advisory council is abolished and this chapter expires | ||
September 1, 2019. | ||
Sec. 118.004. MEMBERS. (a) The advisory council is | ||
composed of the members appointed by the executive commissioner as | ||
provided by this section. | ||
(b) The advisory council must include: | ||
(1) at least five physician members, including two who | ||
are board certified in hospice and palliative care and one who is | ||
board certified in pain management; | ||
(2) three palliative care practitioner members, | ||
including two advanced practice registered nurses who are board | ||
certified in hospice and palliative care and one physician | ||
assistant who has experience providing palliative care; | ||
(3) four health care professional members, including a | ||
nurse, a social worker, a pharmacist, and a spiritual care | ||
professional, with: | ||
(A) experience providing palliative care to | ||
pediatric, youth, or adult populations; | ||
(B) expertise in palliative care delivery in an | ||
inpatient, outpatient, or community setting; or | ||
(C) expertise in interdisciplinary palliative | ||
care; | ||
(4) at least three members with experience as an | ||
advocate for patients and the patients' family caregivers and who | ||
are independent of a hospital or other health care facility, | ||
including at least one member who is a representative of an | ||
established patient advocacy organization; and | ||
(5) ex officio representatives of the commission or | ||
another state agency as the executive commissioner determines | ||
appropriate. | ||
(c) Advisory council members serve at the pleasure of the | ||
executive commissioner. | ||
Sec. 118.005. TERMS; VACANCY. (a) An advisory council | ||
member serves a four-year term. | ||
(b) If a vacancy occurs on the advisory council, a person | ||
shall be appointed to fill the vacancy for the unexpired term. | ||
Sec. 118.006. OFFICERS. Advisory council members shall: | ||
(1) elect a chair and a vice chair; and | ||
(2) establish the duties of the chair and the vice | ||
chair. | ||
Sec. 118.007. MEETINGS. The executive commissioner shall | ||
set a time and place for regular meetings, which must occur at least | ||
twice each year. | ||
Sec. 118.008. COMPENSATION AND REIMBURSEMENT. A member of | ||
the advisory council may not receive compensation for service on | ||
the advisory council but is entitled to reimbursement of the travel | ||
expenses incurred by the member while conducting the business of | ||
the advisory council, as provided by the General Appropriations | ||
Act. | ||
Sec. 118.009. DUTIES. The advisory council shall consult | ||
with and advise the commission on matters related to the | ||
establishment, maintenance, operation, and outcome evaluation of | ||
the palliative care consumer and professional information and | ||
education program established under Section 118.011. | ||
Sec. 118.010. REPORT. Not later than October 1 of each | ||
even-numbered year, the advisory council shall submit a biennial | ||
report to the standing committees of the senate and the house of | ||
representatives with primary jurisdiction over health matters on: | ||
(1) the advisory council's assessment of the | ||
availability of palliative care in this state for patients in the | ||
early stages of serious disease; | ||
(2) the advisory council's analysis of barriers to | ||
greater access to palliative care; and | ||
(3) the advisory council's analysis of the policies, | ||
practices, and protocols in this state concerning patients' rights | ||
related to palliative care, including: | ||
(A) whether a palliative care team member may | ||
introduce palliative care options to a patient without the consent | ||
of the patient's attending physician; | ||
(B) the practices and protocols for discussions | ||
between a palliative care team member and a patient on | ||
life-sustaining treatment or advance directives decisions; and | ||
(C) the practices and protocols on informed | ||
consent and disclosure requirements for palliative care services. | ||
Sec. 118.011. INFORMATION AND EDUCATION PROGRAM. (a) The | ||
commission, in consultation with the advisory council, shall | ||
establish a statewide palliative care consumer and professional | ||
information and education program to ensure that comprehensive and | ||
accurate information and education about palliative care are | ||
available to the public, health care providers, and health care | ||
facilities. | ||
(b) The commission shall make available on its Internet | ||
website information and resources regarding palliative care, | ||
including: | ||
(1) links to external resources regarding palliative | ||
care; | ||
(2) continuing education opportunities for health | ||
care providers; | ||
(3) information about palliative care delivery in the | ||
home, primary, secondary, and tertiary environments; and | ||
(4) consumer educational materials regarding | ||
palliative care, including hospice care. | ||
Sec. 118.012. PROTECTIONS. Notwithstanding any other law, | ||
the advisory council and the information and education program | ||
established under this chapter do not create a cause of action or | ||
create a standard of care, obligation, or duty that provides a basis | ||
for a cause of action. | ||
SECTION 3. Not later than December 1, 2015, the Health and | ||
Human Services Commission shall establish the Palliative Care | ||
Interdisciplinary Advisory Council and the executive commissioner | ||
of the Health and Human Services Commission shall appoint the | ||
advisory council members as required by Chapter 118, Health and | ||
Safety Code, as added by this Act. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1874 was passed by the House on May 6, | ||
2015, by the following vote: Yeas 145, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1874 was passed by the Senate on May | ||
23, 2015, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |