SB124 - Relating to hospital patients' rights and hospital policies and procedures; providing an administrative penalty.

  89R2473 KKR-D     By: Hall S.B. No. 124       A BILL TO BE ENTITLED   AN ACT   relating to hospital patients' rights and hospital policies and   procedures; providing an administrative penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 241, Health and Safety Code, is amended   by adding Subchapter N to read as follows:   SUBCHAPTER N. HOSPITAL PATIENTS' RIGHTS; HOSPITAL POLICIES AND   PROCEDURES RELATED TO PATIENTS' RIGHTS           Sec.   241.451.     DEFINITION. In this subchapter, "hospital"   includes a hospital providing comprehensive medical rehabilitation   services, chemical dependency services, and mental health   services.           Sec.   241.452.     PATIENTS' RIGHTS POLICY. (a) Each hospital   shall adopt, implement, and enforce a written policy to ensure the   rights of the hospital's patients. The policy must provide that   each patient has a right to:                 (1)     the hospital's reasonable response to the   patient's requests and needs for treatment or service, to the   extent the request or need is within the hospital's capacity and   stated mission and is allowed by law;                 (2)     considerate and respectful care that accounts for   the psychosocial, spiritual, and cultural variables influencing   the perceptions of illness without any bullying or shaming by   hospital or medical staff;                 (3)     to the extent feasible, treatment by the patient's   choice of physician;                 (4)     unrestricted visitation by at least one individual   at any given time, including during a qualifying period of disaster   as defined by Section 241.012;                 (5)     use as prescribed by the patient's physician of   choice of:                       (A)     a prescription drug the United States Food   and Drug Administration has approved for use but prescribed for a   use other than the approved use; or                       (B)     a complementary or alternative medical   treatment, regardless of the United States Food and Drug   Administration's approval of the treatment;                 (6)     for terminally ill patients, access and use   certain investigational drugs, biological products, and devices   that are in clinical trials in accordance with this state's Right to   Try Act under Chapter 489, including to the extent allowed by   federal law during a qualifying period of disaster as defined by   Section 241.012;                 (7)     care that optimizes the comfort and dignity of a   patient who is dying through:                       (A)     treating primary and secondary symptoms that   are responsive to treatment as the patient or the patient's   surrogate decision-maker determines;                       (B)  effectively managing pain; and                       (C)     acknowledging the psychosocial and spiritual   concerns of the patient and the patient's family regarding dying   and the expression of grief by the patient and the patient's family;                 (8)     in collaboration with the patient's physician,   make decisions involving the patient's health care, including the   right to:                       (A)     accept or refuse treatment to the extent   permitted by law and be informed of the medical consequence of   refusing treatment;                       (B)     execute an advanced directive and   periodically review the directive as provided by Section 241.457;                       (C)     appoint a surrogate to make health care   decisions on the patient's behalf; and                       (D)     receive care that is not conditioned on the   existence of the directive;                 (9)     be provided information necessary for the patient   to make informed treatment decisions that reflect the patient's   wishes;                 (10)     be provided at the time of admission information   about the hospital's:                       (A)  patients' rights policy; and                       (B)     process for initiating, reviewing, and   resolving as feasible patient complaints about quality of care;                 (11)     participate or have the patient's designated   surrogate decision-maker participate in the consideration of   ethical issues arising in the patient's care;                 (12)     be informed of any human experimentation or other   research or educational project that affects the patient's care or   treatment;                 (13)     personal privacy and confidentiality of the   patient's information to the extent permitted by law; and                 (14)     access the information contained in the patient's   medical records.           (b)     To the extent allowed by law, a patient's guardian, next   of kin, or other legally authorized surrogate decision-maker has   the right to exercise the patient's rights under Subsection (a) if   the patient:                 (1)  has been found to be incompetent by a court of law;                 (2)     is found by the patient's physician to be medically   incapable of understanding the proposed procedure or treatment;                 (3)     is unable to communicate the patient's wishes   regarding treatment; or                 (4)  is a minor.           Sec.   241.453.     PATIENTS' RIGHTS POLICY FOR HOSPITALS   PROVIDING COMPREHENSIVE MEDICAL REHABILITATION SERVICES. A   hospital providing comprehensive medical rehabilitation services   must include in the hospital's patients' rights policy adopted   under Section 241.452 that each minor patient has the right to:                 (1)     appropriate treatment in the least restrictive   setting available;                 (2)  decline unnecessary or excessive medication;                 (3)     an individualized treatment plan that is developed   with the patient's participation;                 (4)     a humane treatment environment that provides   reasonable protection from harm and appropriate privacy for   personal needs;                 (5)     accommodations separated from adult patient   accommodations; and                 (6)  regular communication with the patient's family.           Sec.   241.454.     EFFECT ON OTHER REQUIREMENTS FOR CERTAIN   HOSPITALS. A hospital patients' rights policy adopted under this   subchapter by a hospital providing chemical dependency services or   mental health services is in addition to any other patients' rights   policy required by law or commission rules.           Sec.   241.455.     REQUIRED DISPLAY OF PATIENTS' RIGHTS POLICY.   (a) A hospital shall prominently and conspicuously display the   hospital's patients' rights policy in a public area readily   accessible to hospital patients, residents, visitors, and   employees.           (b)     A hospital that provides comprehensive medical   rehabilitation services, chemical dependency services, or mental   health services must display the patients' rights policy in English   and in a language other than English that is appropriate to the   demographic composition of the community the hospital serves.           Sec.   241.456.     NOTICE OF PATIENTS' RIGHTS BY HOSPITAL   PROVIDING COMPREHENSIVE MEDICAL REHABILITATION SERVICES. (a) This   section applies only to a hospital that provides comprehensive   medical rehabilitation services.           (b)     Before admitting or accepting for evaluation any   patient, a hospital to which this section applies shall provide to   the patient and, if applicable, to the patient's parent, managing   conservator, or guardian, a written copy of the hospital's   patients' rights policy and as feasible provide the copy in the   patient's primary language.           (c)     The hospital shall ensure that within two hours, or as   soon as reasonably possible within eight hours, after the time a   patient is admitted to the hospital, the hospital's patients'   rights policy is orally explained to the patient or, if   appropriate, the patient's parent, managing conservator, or   guardian. The explanation must be given in simple nontechnical   terms and as feasible in the individual's primary language. The   hospital may use other reasonable means to explain the policy to an   individual with a vision or hearing impairment.           (d)     Except as provided by Subsection (e), the hospital shall   obtain a copy of the hospital's patients' rights policy signed by   the patient or, if appropriate, the patient's parent, managing   conservator, or guardian. The signed copy must:                 (1)     include a statement by the patient or other   individual acknowledging the patient or individual read the policy   and understands the specified rights; and                 (2)  be placed in the patient's medical record.           (e)     If a patient is unable to comprehend the information   contained in the hospital's patients' rights policy because of   illness, age, or other factors, an emergency precludes a timely   explanation of the policy, or the patient refuses to sign the policy   as required under Subsection (d), the hospital may satisfy the   requirements of Subsections (c) and (d) by:                 (1)     explaining the policy to the patient with two   hospital staff members serving as witnesses; and                 (2)     placing the unsigned copy in the patient's medical   record with a written notation signed by the witnesses explaining   the reason the patient did not sign the policy.           Sec.   241.457.     ADVANCED DIRECTIVE PROCEDURES. A hospital   shall:                 (1)  establish procedures for:                       (A)     determining at the time a patient is admitted   to the hospital whether the patient has executed an advanced   directive; and                       (B)     if appropriate, assisting in the development   of an advanced directive for the patient; &# [Text truncated for display. Full text available on LegiScan.]