Bill Text: TX HB3542 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the withdrawal or withholding of life-sustaining treatment from a pregnant patient; affecting the prosecution of a criminal offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-31 - Referred to State Affairs [HB3542 Detail]
Download: Texas-2017-HB3542-Introduced.html
85R604 JSC-F | ||
By: Cain | H.B. No. 3542 |
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relating to the withdrawal or withholding of life-sustaining | ||
treatment from a pregnant patient; affecting the prosecution of a | ||
criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 166.049, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 166.049. PREGNANT PATIENTS. (a) A person may not | ||
withdraw or withhold life-sustaining treatment under this | ||
subchapter from a pregnant patient. This section applies: | ||
(1) regardless of whether there is irreversible | ||
cessation of all spontaneous brain function of the pregnant | ||
patient; and | ||
(2) if the life-sustaining treatment is enabling the | ||
unborn child to mature. | ||
(b) The hospital or other applicable health care provider | ||
shall notify the attorney general if the life-sustaining treatment | ||
of a pregnant patient is at issue. | ||
(c) Not later than 24 hours after receipt of the notice | ||
under Subsection (b), the attorney general shall appoint an | ||
attorney ad litem from the registry described by Subsection (d) to | ||
represent the unborn child's interests under this section and | ||
otherwise in any litigation or other matter regarding the health | ||
care decisions made for the pregnant patient. | ||
(d) The attorney general shall develop and maintain a | ||
registry listing the identity of and contact information for | ||
qualified attorneys in this state that have voluntarily notified | ||
the attorney general of their willingness to serve, or have been | ||
asked by the attorney general and have consented to serve, as | ||
attorneys ad litem for the unborn child in any litigation or other | ||
matter regarding the health care decisions for a pregnant patient. | ||
(e) In this section: | ||
(1) "Health care provider" has the meaning assigned by | ||
Section 166.004. | ||
(2) "Unborn child" has the meaning assigned by Section | ||
171.061. | ||
SECTION 2. Section 166.098, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 166.098. PREGNANT PERSONS. (a) A person may not | ||
withhold cardiopulmonary resuscitation or certain other | ||
life-sustaining treatment designated by department rule under this | ||
subchapter from a person known by the responding health care | ||
professionals to be pregnant. This section applies: | ||
(1) regardless of whether there is irreversible | ||
cessation of all spontaneous brain function of the pregnant | ||
patient; and | ||
(2) if the life-sustaining treatment is enabling the | ||
unborn child to mature. | ||
(b) The hospital or other applicable health care provider | ||
shall notify the attorney general if the life-sustaining treatment | ||
of a pregnant patient is at issue. | ||
(c) Not later than 24 hours after receipt of the notice | ||
under Subsection (b), the attorney general shall appoint an | ||
attorney ad litem from the registry described by Section 166.049(d) | ||
to represent the unborn child's interests under this section and | ||
otherwise in any litigation or other matter regarding the health | ||
care decisions for the pregnant patient. | ||
(d) In this section: | ||
(1) "Health care provider" has the meaning assigned by | ||
Section 166.004. | ||
(2) "Unborn child" has the meaning assigned by Section | ||
171.061. | ||
SECTION 3. 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, 2017. |