Texas Representative Bryan Hughes has introduced H.B. 3520 which would materially amend the medical futility provisions in the Texas Advance Directives Act.
The purpose of the Patient and Family Treatment Choice Rights Act of 2011 is “to protect the right of patients and their families to decide whether and under what circumstances to choose or reject life-sustaining treatment.” The amendments proposed in the bill are aimed at ensuring that “when an attending physician is unwilling to respect a patient's advance directive or a patient's or family's decision to choose the treatment necessary to prevent the patient's death, life-sustaining medical treatment will be provided until the patient can be transferred to a health care provider willing to honor the directive or treatment decision.”
Specifically, the bill proposes to require that life-sustaining treatment be provided to the patient until the patient is actually transferred to another physician or health care facility willing to comply with the directive or treatment decision – unless the surrogate refuses such transfer.
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