HBA-SEB H.B. 272 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 272
By: West, George
Public Health
2/10/1999
Introduced



BACKGROUND AND PURPOSE 

Current law requires an individual to give consent before emergency health
care can be given, unless the person is unable to communicate and suffering
from a life-threatening injury or illness. Sometimes those patients who do
not consent to the emergency care die soon after refusing the care. H.B.
272 provides that emergency care personnel can provide the emergency care
without the consent of the patient if the patient is deemed by a physician
to be suffering from a life-threatening injury or illness, unless the
patient has issued a directive refusing emergency care or has objected to
the care for religious reasons. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 773.008, Health and Safety Code, as follows:

Sec. 773.008.  CONSENT FOR EMERGENCY CARE.  (a)  Sets forth the list of
circumstances under which consent is not required for emergency health
care, including an occasion when a patient objects to emergency care, but a
licensed physician has informed the emergency care provider that the
patient likely suffers a life-threatening illness or injury. Makes
conforming and nonsubstantive changes. 

(b)  Provides circumstances which require consent for emergency care.
Specifies that if an individual has issued a directive that conflicts with
the provision of emergency care and the emergency care provider knows of
the directive, or if the individual has stated or implied an objection to
emergency care based on religious reasons, then consent for emergency care
is required. 

SECTION 2.  Emergency clause.
                       Effective date: upon passage.