S.B. No. 85

SURROGATE DECISION-MAKING

Bill Description

Governor Bush signed SB 85 on May 30, 1997. SB 85 becomes effective September 1, 1997.

SB 85 amends Chapter 597 of the Health and Safety Code regarding the procedure for surrogate decision-making for persons in ICF-MR facilities. The House Public Health Committee Report on SB 85 states:

BACKGROUND

Currently, Texas law requires a surrogate consent committee to be composed of individuals with certain qualifications. Nurses are not included among the health care professionals qualified to serve on a committee. Furthermore, current law requires the committee to designate its own committee chair and to perform certain duties in connection with an application for treatment. The law needs to be amended to add professionals trained in nursing to the list of individuals qualified to serve on a surrogate consent committee, require the Texas Department of Mental Health and Mental Retardation to appoint a committee chair, and transfer some of the duties of the committee to the department and to medical assistance programs serving persons with mental retardation who receive care in intermediate care facilities.

PURPOSE

S.B. 85 adds professionals trained in nursing to the list of individuals qualified to serve on a surrogate consent committee; requires the Texas Department of Mental Health and Mental Retardation to appoint a committee chair; and transfers some of the duties of the committee to the department and to medical assistance programs serving persons with mental retardation who receive care in intermediate care facilities. Additionally, S.B. 85 provides regulations for surrogate decision making within the Texas Department of Mental Health and Mental Retardation.


Copyright 1997 by Glenn M. Karisch. This page was last revised on June 16, 1997.