HBA-NMO H.B. 1270 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1270 By: Lewis, Glenn Public Health 3/8/1999 Introduced BACKGROUND AND PURPOSE Currently, if an adult patient fails to designate someone to make health care decisions for the patient in the case of incapacity, the law provides a prioritized list of surrogate decision makers. Problems may occur when no family member is able or willing to make health care decisions, no other person is clearly identified prior to incapacitation to act for the patient, and the last priority, a member of the clergy, is not willing to make health care decisions. H.B. 1270 adds to the prioritized list of health care decision-making surrogates, before a member of the clergy, an adult who the attending physician determines has had substantial past contact with the patient sufficient to warrant decision-making; and, after a member of the clergy, a surrogate decision-making committee established by a hospital or nursing home. This bill further authorizes a hospital or nursing home to establish such a committee, and requires the Texas Board of Human Services to adopt rules governing the appointment of such a committee. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Board of Human Services in SECTION 3 (Section 313.008, Health and Safety Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 313.004(a), Health and Safety Code, by adding to the prioritized list of persons who are authorized to consent to medical treatment on behalf of an incapacitated adult patient in a hospital or nursing home, before the last priority member of the clergy, another adult who the attending physician determines has had substantial past contact with the patient sufficient to warrant standing to such consent; and, after a member of the clergy, the surrogate decision-making committee established by the hospital or nursing home under Section 313.008, Health and Safety Code. SECTION 2. Amends Section 313.007(a), Health and Safety Code, to make a conforming change. SECTION 3. Amends Chapter 313, Health and Safety Code, by adding Section 313.008, as follows: Sec. 313.008. SURROGATE DECISION-MAKING COMMITTEE. Authorizes a hospital or nursing home to establish an independent surrogate decision-making committee to act on behalf of a patient under Section 313.004. Requires the Texas Board of Human Services to adopt rules governing the appointment of a surrogate decision-making committee. Provides that the rules must govern the appointment of committee members and ensure the independence of each committee member and govern the minimum number of committee members. SECTION 4. Effective date: September 1, 1999. Makes application of this Act prospective to January 1, 2000. SECTION 5. Requires the Texas Board of Human Services to adopt rules as required by Section 313.008, Health and Safety Code, not later than December 15, 1999. SECTION 6. Emergency clause.