By:AAKrause

H.B.ANo.A1901

A BILL TO BE ENTITLED
AN ACT

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2

relating

to

the

withdrawal

or

withholding

treatment from a pregnant patient.

of

life-sustaining

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTIONA1.AASection

166.049,

Health

and

Safety

is

amended to read as follows:

Sec.A166.049.AAPREGNANT PATIENTS.

or

withhold

life-sustaining

(a)

A person may not

withdraw

subchapter from a pregnant patient. This section applies:

(1)AAregardless

10
11

cessation

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patient; and

of

all

of

spontaneous

whether
brain

treatment

there

is

function

of

under

this

irreversible
the

pregnant

(2)AAif the life-sustaining treatment is enabling the

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14

Code,

unborn child to mature.

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(b)AAThe hospital or other applicable health care provider

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shall notify the attorney general if the life-sustaining treatment

17

of a pregnant patient is at issue.

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(c)AANot later than 24 hours after receipt of the notice

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under

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attorney ad litem from the registry described by Subsection (d) to

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represent

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otherwise in any litigation or other matter regarding the health

23

care decisions made for the pregnant patient.

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Subsection

the

(d)AAThe

84R10465 JSC-F

(b),

unborn

the

attorney

child s

attorney

general

interests

general

shall

under

shall

this

develop

and

appoint

section

an

and

maintain

H.B.ANo.A1901
1

registry

qualified attorneys in this state that have voluntarily notified

the attorney general of their willingness to serve, or have been

asked

attorneys ad litem for the unborn child in litigation or other

matter regarding the health care decisions for a pregnant patient.

by

listing

the

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13
14

general

of

and

and

contact

have

information

consented

as

(2)AA"Unborn child" has the meaning assigned by Section

171.061.
SECTIONA2.AASection

166.098,

Health

and

Safety

Code,

is

amended to read as follows:

Sec.A166.098.AAPREGNANT

(a)

person

life-sustaining

treatment

designated

17

subchapter

known

18

professionals to be pregnant. This section applies:

from

person

(1)AAregardless

20

cessation

21

patient; and

of

all

resuscitation

16

19

cardiopulmonary

PERSONS.

withhold

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serve,

Section 166.004.

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22

to

for

(1)AA"Health care provider" has the meaning assigned by

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11

attorney

identity

(e) In this section:

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9

the

of

spontaneous

by

by

the

whether
brain

or
the

may

certain
board

responding

there

is

function

of

not

other

under

this

health

care

irreversible
the

pregnant

(2)AAif the life-sustaining treatment is enabling the

unborn child to mature.

24

(b)AAThe hospital or other applicable health care provider

25

shall notify the attorney general if the life-sustaining treatment

26

of a pregnant patient is at issue.

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(c)AANot later than 24 hours after receipt of the notice

H.B.ANo.A1901
1

under

attorney ad litem from the registry described by Section 166.049(d)

to represent the unborn child s interests under this section and

otherwise in any litigation or other matter regarding the health

care decisions for the pregnant patient.

Subsection

attorney

general

shall

appoint

an

(1)AA"Health care provider" has the meaning assigned by

Section 166.004.

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10

the

(d) In this section:

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8

(b),

(2)AA"Unborn child" has the meaning assigned by Section

171.061.

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SECTIONA3.AAThis 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.

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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.

If this