NEW MEXICO

Senate

January 17, 2023

  • SB 29 (O’Neill) – this bill amends current law by adding a definition for terminal illness, the process for requesting early release, its review and appeal process.

January 23, 2023

  • SB 168 (Stefanics and Chandler) – this bill allows a hospice nurse to pronounce death in a nursing facility.

February 16, 2023

  • SB 471 ( Vervantes and Stefanics)/Companion HB 501 (Hochman-Vigil) – these bills are amending the End-of -Life Options Act so healthcare providers are able to refuese to participate in medical aide in dying for reasons of conscience.

 

House

February 16, 2023

  • Companion HB 501 (Hochman-Vigil) / Companion SB 471 ( Vervantes and Stefanics) – these bills are amending the End-of -Life Options Act so healthcare providers are able to refuese to participate in medical aide in dying for reasons of conscience.

 

 

TEXAS

Senate Bills

November 14, 2022

  • SB 121 (Menendez)- this bill could affect hospice and supportive palliative care providers.  The bill removes terminal illness and incurable neurodegenerative disease and replaces the terms with a definition of a serious adverse event that could cause death, illness requiring hospitalization, life threatening or a significant or persistent disability.  The physician must determine that the patient would likely receive therapeutic or a palliative benefit from the medical cannabis.  The bill address’ an advisory board, research licenses, distribution, documentation, etc.
  • SB 161 (Perry)/Companion HB 724 (Howard) – the bill requires that when a licensing entity receives a complaint about a health care practitioner who holds a license with a different entity, they will share the complaint with the licensing entity that holds the license.
  • SB 177 (Middleton)/Companion HB 81 (Harrison) – These bills address a person’s right to choose whether they receive a vaccine or not.  Any healthcare worker that administers a vaccine must be registered with the Texas Immunization Registry.  Some hospice healthcare workers do administer vaccinations, such as the COVID or flu vaccinations.  These bills will require informed consent from the individual receiving the vaccination prior to administration.  The person cannot be coerced into receiving the vaccination.
  • SB 240 (Campbell)/Companion HB 112 (Howard) – relating to workplace violence prevention in certain health facilities.  This bill affects HCSSA, hospitals, NFs, surgical centers, freestanding emergency medical care.  It outlines the makeup of a committee that will develop workplace prevention policy, plans specific to that entity and how that entity will respond to workplace violence.
  • SB 265 (Perry) – this bill addresses the reporting of vaccine injuries and adverse events for those vaccines that are FDA approved and experimental to the Medical Board and the MedWatch Reporting System.

 

December 19, 2022

  • SB 297 (Hall) -This bill describes the hospital policies that must be in place for a patient.  This includes the right by a terminally ill patient to access and use certain investigational drugs, biological products, and devices that are in clinical trials in accordance with the Right to Try Act established during the 84th Legislative Session.  In addition, this newly filed bill includes policy for care that ensures comfort, dignity and spiritual care of those who are dying.  It does limit visitation during a period of disaster.
  • SB 305 (Hall)-this bill addresses vaccine administration and the protection of exemptions.  The administrator of the vaccine will provide the person with information of its benefits and risks, maintains records of injury and adverse events, and notify the appropriate federal authorities.  The person/entity granting the exemption cannot be questioned or sanctioned for granting the exemption.

 

January 18, 2023

  • SB 485 (Johnson) – relating to the hospice and palliative care day in October.  This was one of the recommendations to the legislature by the Palliative Care Interdisciplinary Advisory Council.

 

February 7, 2023

  • SB 739 (Johnson) – this bill creates a day to honor supportive palliative care.  This bill is separate from SB 485 which honors palliative and hospice care.
  • SB 773 (Parker) – this bill (Right to Try Act) would allow a person with a chronic disease to use investigational drugs, biologicals and devices that have not been approved by the FDA.

 

House Bills (HB)

November 14, 2022

  • HB 81 (Harrison)/Companion SB 177 (Middleton)– These bills address a person’s right to choose whether they receive a vaccine or not.  Any healthcare worker that administers a vaccine must be registered with the Texas Immunization Registry.  Some hospice healthcare workers do administer vaccination, such as the COVID or flu vaccinations.  These bills will require informed consent from the individual prior to administration.  The person cannot be coerced into receiving the vaccination.
  • HB 112 (Howard)/Companion SB 240 (Campbell) – relating to workplace violence prevention in certain health facilities.  This bill affects HCSSA, hospitals, NFs, surgical centers, freestanding emergency medical care.  It outlines the makeup of a committee that will develop workplace prevention policy, plans specific to that entity and how that entity will respond to workplace violence.
  • HB 248 (Murr) – this bill addresses solicitation of patients and marketing practices.  It also discusses the composition of a task force on patient solicitation.  The bill site the Texas Occupations Code Chapter 102 which states that any person or entity licensed, certified, or registered by the state cannot knowingly offer to pay or agree to accept cash or gifts for a patient referral or patronage.
  • HB 638 (Toth) – this bill could affect hospice and supportive palliative care providers.   The 84th Legislative Session created the Right to Try Act.  The Act allowed for people with a terminal illness to seek drugs to try potentially life altering drugs, products, or devices after the first trial period.  This bill adds a chapter which will allow access to investigation drugs, biological products, and devices by people with a severe chronic disease that has completed phase one of a trial.  The patient must be determined by a physician to be eligible by HHSC rule and the patient’s attending physician.
  • HB 647 (Hinojosa) – this bill makes amendments to Chapter 166 Advance Directives.  It allows for a pregnant woman to outline her decision on life-sustaining treatment while pregnant.  The amendments were made to the Directive to Physicians form and the law to allow for a pregnant woman to make changes.  The bill also added the Health Care Facility Do Not Resuscitate Order to the list of documents outlined under the Directive to Physicians form.

 

November 16, 2023

  • HB 724 (Howard) /Companion SB 161 (Perry) – the bill requires that when a licensing entity receives a complaint about a health care practitioner who holds a license with a different entity, they will share the complaint with the licensing entity that holds the license.

 

December 9, 2022

  • HB 280 (Toth) – this bill requires that vaccine injuries be reported into the appropriate federal systems.
  • HB 972 (Capriglione)- this bill requires warning labels on opioid prescription drugs.

 

December 15, 2022

  • HB 1021 (Howard) – this bill clarifies current law on criminal history checks.  It states that an agency is entitled to obtain from the department criminal history record information maintained by the department on employee applicants and students.

 

January 5, 2023

  • HB 1190 (Klick)- this bill amends Section 157.0511 which allows for the delegation of prescribing and ordering drugs and devices by physicians.  This amendment adds schedule II drugs to the list of delegated drugs as established by DSHS.  This bill will affect APRNs and PAs.

 

January 6, 2023

  • HB 1200 (Reynolds) – this bill amends the Compassionate Use Act which was established in 2015.  It defines “designated caregiver” and addresses legal protections for users, testing facilities, dispensers, etc.  Within the bill, THSC Chapter 169 adds the definition of “debilitating medical condition” expanding the list of medical conditions that can potentially be prescribed cannabis; this includes pain, nausea and other conditions.  This bill will affect hospice and supported palliative care.

 

February 2, 2023

  • HB 1873 (Compos) – this bill requires that at the patient request they only get care from a physician.  This would be a hardship for all healthcare providers as physicians rely on advance practice registered nurses and physician assistants.

 

February 21, 2023

  • HB 2589 (Howard) – this bill adds a new subsection to the Texas Health and Safety Code Chapter 166 Advance Directives that addresses what parts of the law must be complied with if a person uses Medical Power of Attorney form.  The bill puts all requirements from other parts of the law in one subsection.

 

Disclaimer:  The Texas and New Mexico Hospice Organization publishes the Legislative Update as an information only item.  TNMHO has no attorneys, nor does it represent the state and federal governments.  All legal questions or concerns should be directed to your attorney, or the governments involved.