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A BILL TO BE ENTITLED
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AN ACT
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relating to the withdrawal or withholding of life-sustaining |
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treatment from a pregnant patient. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 166.049, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 166.049. PREGNANT PATIENTS. (a) A person may not |
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withdraw or withhold life-sustaining treatment under this |
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subchapter from a pregnant patient. This section applies: |
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(1) regardless of whether there is irreversible |
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cessation of all spontaneous brain function of the pregnant |
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patient; and |
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(2) if the life-sustaining treatment is enabling the |
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unborn child to mature. |
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(b) The hospital or other applicable health care provider |
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shall notify the attorney general if the life-sustaining treatment |
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of a pregnant patient is at issue. |
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(c) Not later than 24 hours after receipt of the notice |
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under Subsection (b), the attorney general shall appoint an |
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attorney ad litem from the registry described by Subsection (d) to |
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represent the unborn child's interests under this section and |
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otherwise in any litigation or other matter regarding the health |
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care decisions made for the pregnant patient. |
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(d) The attorney general shall develop and maintain a |
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registry listing the identity of and contact information for |
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qualified attorneys in this state that have voluntarily notified |
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the attorney general of their willingness to serve, or have been |
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asked by the attorney general and have consented to serve, as |
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attorneys ad litem for the unborn child in litigation or other |
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matter regarding the health care decisions for a pregnant patient. |
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(e) In this section: |
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(1) "Health care provider" has the meaning assigned by |
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Section 166.004. |
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(2) "Unborn child" has the meaning assigned by Section |
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171.061. |
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SECTION 2. Section 166.098, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 166.098. PREGNANT PERSONS. (a) A person may not |
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withhold cardiopulmonary resuscitation or certain other |
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life-sustaining treatment designated by the board under this |
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subchapter from a person known by the responding health care |
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professionals to be pregnant. This section applies: |
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(1) regardless of whether there is irreversible |
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cessation of all spontaneous brain function of the pregnant |
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patient; and |
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(2) if the life-sustaining treatment is enabling the |
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|
unborn child to mature. |
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|
(b) The hospital or other applicable health care provider |
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shall notify the attorney general if the life-sustaining treatment |
|
|
of a pregnant patient is at issue. |
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(c) Not later than 24 hours after receipt of the notice |
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under Subsection (b), the attorney general shall appoint an |
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attorney ad litem from the registry described by Section 166.049(d) |
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to represent the unborn child's interests under this section and |
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otherwise in any litigation or other matter regarding the health |
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care decisions for the pregnant patient. |
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(d) In this section: |
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(1) "Health care provider" has the meaning assigned by |
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Section 166.004. |
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(2) "Unborn child" has the meaning assigned by Section |
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171.061. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |