Bill Text: TX HB383 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to allowing a surrogate decision-maker to consent to certain medical treatments on behalf of an inmate of a correctional facility.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2011-02-16 - Referred to Corrections [HB383 Detail]
Download: Texas-2011-HB383-Introduced.html
| 82R1523 GCB-F | ||
| By: Menendez | H.B. No. 383 | |
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| relating to allowing a surrogate decision-maker to consent to | ||
| certain medical treatments on behalf of an inmate of a correctional | ||
| facility. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 501, Government Code, is | ||
| amended by adding Section 501.067 to read as follows: | ||
| Sec. 501.067. CONSENT TO MEDICAL TREATMENT BY SURROGATE | ||
| DECISION-MAKER. (a) In this section: | ||
| (1) "Correctional facility" has the meaning assigned | ||
| by Section 1.07, Penal Code. | ||
| (2) "Inmate" means a person confined in a correctional | ||
| facility. | ||
| (b) If an adult inmate is comatose, incapacitated, or | ||
| otherwise mentally or physically incapable of communication, an | ||
| adult surrogate from the following list, in order of priority, who | ||
| has decision-making capacity, is available after a reasonably | ||
| diligent inquiry, and is willing to consent to medical treatment on | ||
| behalf of the inmate may consent to medical treatment on behalf of | ||
| the inmate: | ||
| (1) a person authorized to make health care decisions | ||
| on the inmate's behalf by a medical power of attorney; | ||
| (2) the inmate's spouse; | ||
| (3) an adult child of the inmate who has the waiver and | ||
| consent of all other qualified adult children of the inmate to act | ||
| as the sole decision-maker; | ||
| (4) a majority of the inmate's reasonably available | ||
| adult children; | ||
| (5) a parent of the inmate; or | ||
| (6) an individual clearly identified to act for the | ||
| inmate by the inmate before the inmate became incapacitated. | ||
| (c) A dispute as to the right of a party to act as a | ||
| surrogate decision-maker may be resolved only by a court having | ||
| jurisdiction under the Texas Probate Code. | ||
| (d) Any consent to medical treatment under Subsection (b) | ||
| must be based on knowledge of what the inmate would desire, if | ||
| known. | ||
| (e) Notwithstanding any other provision of this chapter, a | ||
| surrogate decision-maker may not consent to: | ||
| (1) administration of psychoactive medication; | ||
| (2) inpatient mental health services; | ||
| (3) electroconvulsive therapy; | ||
| (4) any medical treatment intended solely to restore | ||
| competency under Chapter 46B, Code of Criminal Procedure; or | ||
| (5) the appointment of another surrogate | ||
| decision–maker. | ||
| (f) If an inmate is comatose, incapacitated, or otherwise | ||
| mentally or physically incapable of communication and, according to | ||
| reasonable medical judgment, is in need of medical treatment, the | ||
| attending physician shall describe in the inmate's medical record: | ||
| (1) the inmate's comatose state, incapacity, or other | ||
| mental or physical inability to communicate; and | ||
| (2) the proposed medical treatment. | ||
| (g) The attending physician shall make a reasonably | ||
| diligent effort to contact or cause to be contacted the persons | ||
| eligible to serve as surrogate decision-makers as provided by | ||
| Subsection (b), and shall record that effort in the inmate's | ||
| medical record. | ||
| (h) If a surrogate decision-maker consents to medical | ||
| treatment on behalf of the inmate, the attending physician shall | ||
| record the date and time of the consent and sign the inmate's | ||
| medical record. The surrogate decision-maker shall sign the | ||
| inmate's medical record or execute an informed consent form. | ||
| (i) A surrogate decision-maker's consent to medical | ||
| treatment that is not made in person shall be reduced to writing in | ||
| the inmate's medical record and must be signed by the official of | ||
| the correctional facility who witnessed the surrogate | ||
| decision-maker giving the consent. The inmate's medical record or | ||
| an informed consent form must be signed by the surrogate | ||
| decision-maker as soon as practicable. | ||
| SECTION 2. 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, 2011. | ||
