Bill Text: TX HB4329 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the determination of death when artificial means of support preclude a determination that a person's spontaneous respiratory and circulatory functions have ceased.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-29 - Referred to Public Health [HB4329 Detail]
Download: Texas-2021-HB4329-Introduced.html
| By: Canales | H.B. No. 4329 | |
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| relating to the determination of death when artificial means of | ||
| support preclude a determination that a person's spontaneous | ||
| respiratory and circulatory functions have ceased. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. This Act may be cited as the Brain-Injured | ||
| Patients Protection Act. | ||
| SECTION 2. Section 671.001(b), Health and Safety Code, is | ||
| amended to read as follows: | ||
| (b) If artificial means of support preclude a determination | ||
| that a person's spontaneous respiratory and circulatory functions | ||
| have ceased, the person is dead when, in the announced opinion of a | ||
| physician professionally qualified by specialty or expertise, | ||
| according to ordinary standards of medical practice, there is | ||
| irreversible cessation of all functions of the entire brain, | ||
| including the brain stem [ |
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| when the relevant functions cease. | ||
| SECTION 3. Section 671.001, Health and Safety Code, is | ||
| amended by adding subsection (e) to read as follows: | ||
| (e) When artificial means of support preclude a | ||
| determination that a person's spontaneous respiratory and | ||
| circulatory functions have ceased, before death may be pronounced, | ||
| the following procedures must be observed: | ||
| (1) A second physician professionally qualified by | ||
| specialty or expertise must confirm that, in accordance with the | ||
| criteria in Section 671.001(b), there is irreversible cessation of | ||
| all functions of the entire brain, including the brain stem. | ||
| (2) After the second physician confirms the diagnosis, | ||
| the patient's medical records shall be provided in full to the | ||
| person responsible for the health care decisions of the patient, | ||
| who shall be allowed reasonable time to review the records and seek | ||
| a second opinion. At the time that medical records are provided, the | ||
| person responsible for the healthcare decisions of the patient | ||
| shall be informed that they have the right to seek a second opinion | ||
| from physicians at other facilities. | ||
| (3) The person responsible for the healthcare | ||
| decisions of the patient must receive written notice that all | ||
| requirements for determining death under this subchapter have been | ||
| met. The medical tests performed in accordance with ordinary | ||
| standards of medical practice showing irreversible cessation of all | ||
| functions of the entire brain, including the brain stem, must be | ||
| attached to this notice. | ||
| (4) After receiving the written notice, the person | ||
| responsible for the healthcare decisions of the patient shall be | ||
| informed that they have the option to delay the removal of | ||
| artificial means of supporting the patient's respiratory and | ||
| circulatory functions for no less than 28 days from the receipt of | ||
| the written notice. | ||
| SECTION 4. Section 671.001, Health and Safety Code, is | ||
| amended by adding subsection (f) to read as follows: | ||
| (f) If the individual to be declared dead upon the basis of | ||
| neurological criteria is or may be an organ donor, the physician who | ||
| makes the declaration that death has occurred shall not be the organ | ||
| transplant surgeon, the attending physician of the organ recipient, | ||
| or otherwise an individual subject to a potentially significant | ||
| conflict of interest relating to procedures for organ procurement. | ||
| SECTION 5. Section 671.001 is amended by adding subsection | ||
| (g) to read as follows: | ||
| (g) The death of an individual shall not be declared upon | ||
| the basis of neurological criteria pursuant to this subchapter when | ||
| the licensed physician authorized to declare death, has reason to | ||
| believe, on the basis of information in the individual's available | ||
| medical records, or information provided by a member of the | ||
| individual's family or any other person knowledgeable about the | ||
| individual's personal religious beliefs that such a declaration | ||
| would violate the personal religious beliefs of the individual. In | ||
| these cases, death shall be declared, and the time of death fixed, | ||
| solely upon the basis of cardio-respiratory criteria pursuant to | ||
| Section 671.001(a). | ||
| SECTION 6. Section 671.002(a) is amended to read as | ||
| follows: | ||
| (a) A physician who determines death in accordance with | ||
| Section 671.001(b) or a registered nurse, including an advanced | ||
| practice registered nurse, or physician assistant who determines | ||
| death in accordance with Section 671.001(d) is not liable for civil | ||
| damages or subject to criminal prosecution for the physician's, | ||
| registered nurse's, or physician assistant's actions or the actions | ||
| of others based on the determination of death, provided that the | ||
| individual who made the determination of death followed all | ||
| procedures required by Section 671.001. | ||
| SECTION 7. 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, 2021. | ||
