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LEGISLATIVE WRAP-UP

Physicians Stop Bad

End-of-Life Bill

Just as, if not more, important as passing good
bills, medicine’s collective “nay” frequently helped
prevent the legislature from enacting bad law.
One major example: Senate Bill 2089 (Hughes)
would have required a hospital to continue provid-
ing medical interventions to an end-of-life patient
until the patient is transferred to another facility –
even if the hospital’s medical ethics committee
process determined that further treatment would
harm the patient.
SB 2089 gained troublesome steam toward the
end of session. But TMA called on member physi-
cians to rally in opposition to the bill.
Hundreds of Texas physicians took up the call,
This year, fortunately, TMA didn’t have to sound the doomsday using TMA’s Grassroots Action Center to write their
alarm, as lawmakers got it done in the regular session. House Bill lawmakers.
1504 (Paddie) put TMB back on the standard 12-year sunset cycle, “I believe the whole thing is motivated by a lack
renewing the board through 2031.
of faith in physicians and a desire to impose one
The bill also mandates an expedited licensing process for out-of-
group’s political will on everyone else without their
state physicians and enforces timely removal of certain negative in-
say so,” Mary Elizabeth Paulk, MD, wrote in an
formation from a physician’s TMB profile, such as when physicians
email to her state senator. “This is just wrong.”
defend themselves against board discipline. While not perfect, the
legislation is still an improvement to existing law. Dr. Paulk wasn’t alone. These and other personal
“There were amendments that we tried to get put on the bill that and passionate physician stories contributed to SB
were unsuccessful, including ones that would require more fairness 2089’s demise.
and transparency,” TMA lobbyist Dan Finch said. “Other changes “SB 2089 takes decision-making about dying
we supported were met with some success, including how informa- patients out of the hands of ethicists and physi-
tion is kept on the TMB website when a physician successfully de- cians who have spent their lives dedicated to
fends his or her actions.
training and study so that we understand how
However, the medical board has been reestablished for 12 years,
best to provide care in exactly these kinds of situ-
and that in itself is a huge success – not to have it held hostage and
ations. … When
not to have to go to special [session].”
I think of the amount of suffering this bill is going
TMB procedures were also part of House Bill 1532 (Meyer),
which protects employed physicians’ independent medical judgment to cause for patients, families, hospitals, and our
and clinical autonomy by creating a process for them to file com- health system as a whole, I am overwhelmed with
plaints with TMB against nonprofit health organizations – many of sadness,”Faith Holmes, MD, wrote to her state sen-
which are hospital-owned – and prohibits those organizations from ator.
retaliating against a physician who makes a good-faith complaint. The bill passed the Senate 22-8 but stalled in the
The bill requires health organizations to develop anti-retaliation House.
policies by Dec. 31, 2019.

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