Bill Text: TX SB883 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to the disclosure of life-sustaining treatment policies and to life-sustaining treatment for a patient under 18 years of age.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2017-02-28 - Referred to Health & Human Services [SB883 Detail]

Download: Texas-2017-SB883-Introduced.html

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85R6534 SCL-D
By: Perry S.B. No. 883

A BILL TO BE ENTITLED
AN ACT
relating to the disclosure of life-sustaining treatment policies
and to life-sustaining treatment for a patient under 18 years of
age.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as "Simon's Law."
SECTION 2. Subchapter A, Chapter 166, Health and Safety
Code, is amended by adding Sections 166.012 and 166.013 to read as
follows:
Sec. 166.012. DISCLOSURE OF LIFE-SUSTAINING TREATMENT
POLICY. (a) On request of a patient, prospective patient, or person
authorized to make health care or treatment decisions on behalf of a
patient or prospective patient, a health care facility or physician
treating the patient, as applicable, shall disclose in writing any
policy relating to the provision of life-sustaining treatment to a
patient in the health care facility or by the physician.
(b) This section does not require a health care facility or
physician to have a written policy relating to the provision of
life-sustaining treatment to a patient.
Sec. 166.013. PATIENTS WHO ARE MINORS. (a) In this section,
"minor patient" means a patient under 18 years of age who has not
had the disabilities of minority removed for general purposes.
(b) Subject to Subsections (d) and (e), a health care
facility or physician may not withhold or withdraw life-sustaining
treatment from or place any restriction on the provision of
life-sustaining treatment to a minor patient unless withholding,
withdrawing, or restricting the provision of life-sustaining
treatment is authorized by:
(1) a directive executed under Section 166.035; or
(2) an out-of-hospital DNR order executed under
Section 166.085.
(c) A health care facility or physician may not withhold or
withdraw life-sustaining treatment from or place any restriction on
the provision of life-sustaining treatment to a minor patient under
an authorization described by Subsection (b) unless the health care
facility or physician has:
(1) complied with any request of the minor patient's
parent, legal guardian, or managing conservator to obtain another
medical opinion; or
(2) cooperated with any attempt by the minor patient's
parent, legal guardian, or managing conservator to transfer the
minor patient to another facility selected by the parent, guardian,
or conservator.
(d) Subject to Subsection (e), a health care facility or
physician may withhold or withdraw life-sustaining treatment from
or place a restriction on the provision of life-sustaining
treatment to a minor patient without the authorization described by
Subsection (b) if, after a reasonably diligent effort, the facility
is unable to locate the minor patient's parent, legal guardian, or
managing conservator within 72 hours after the attending physician
determines the life-sustaining treatment to be medically
inappropriate because administering the treatment would create a
greater risk of causing or hastening the death of the minor patient
than withholding, withdrawing, or restricting the provision of the
treatment.
(e) The desire of a competent minor patient to receive
life-sustaining treatment supersedes the effect of any
authorization described by Subsection (b) or any determination by
an attending physician under Subsection (d).
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.