Current through Reg. 49, No. 38; September 20, 2024
(a) Statutory authority. The Palliative Care
Interdisciplinary Advisory Council (Council) is established in accordance with
Texas Health and Safety Code Chapter 118.
(b) Purpose. The Council assesses the
availability of patient-centered and family-focused, interdisciplinary
team-based palliative care in Texas for patients and families facing serious
illness. The Council works to ensure that relevant, comprehensive, and accurate
information and education about palliative care is available to the public,
health care providers, and health care facilities. This includes information
and education about complex symptom management, care planning, and coordination
needed to address the physical, emotional, social, and spiritual suffering
associated with serious illness.
(c) Tasks. The Council performs the following
tasks:
(1) consults with and advises HHSC on
matters related to the establishment, maintenance, operation, and outcome
evaluation of the palliative care consumer and professional information and
education program established under Texas Health and Safety Code §
RSA
118.011;
(2) studies and makes recommendations to
remove barriers to appropriate palliative care services for patients and
families facing serious illness in Texas of any age and at any stage of
illness; and
(3) pursues other
deliverables consistent with its purpose as requested by the Executive
Commissioner or adopted into the work plan or bylaws of the council.
(d) Reporting requirements .
(1) Reporting to Executive Commissioner. By
December 31 of each year, the Council files a written report with the Executive
Commissioner that covers the meetings and activities in the immediately
preceding fiscal year. The report includes:
(A) a list of the meeting dates;
(B) the members' attendance
records;
(C) a brief description of
actions taken by the committee;
(D)
a description of how the committee accomplished its tasks;
(E) a summary of the status of any rules that
the committee recommended to HHSC;
(F) a description of activities the committee
anticipates undertaking in the next fiscal year;
(G) recommended amendments to this section;
and
(H) the costs related to the
committee, including the cost of HHSC staff time spent supporting the
committee's activities and the source of funds used to support the committee's
activities.
(2) Reporting
to Executive Commissioner and Texas Legislature. By October 1 of each
even-numbered year, the Council submits a written report to the Executive
Commissioner and the standing committees of the Texas senate and house with
primary jurisdiction over health matters. The report:
(A) assesses the availability of palliative
care in Texas for patients in the early stages of serious disease;
(B) analyzes barriers to greater access to
palliative care;
(C) analyzes
policies, practices, and protocols in Texas concerning patients' rights related
to palliative care, including:
(i) whether a
palliative care team member may introduce palliative care options to a patient
without the consent of the patient's attending physician or
practitioner;
(ii) the practices
and protocols for discussions between a palliative care team member and a
patient on life-sustaining treatment or advance directives decisions;
and
(iii) the practices and
protocols on informed consent and disclosure requirements for palliative care
services; and
(D)
provides recommendations consistent with the purposes of the Council.
(e) Open meetings. The
Council complies with the requirements for open meetings under Texas Government
Code Chapter 551 as if it were a governmental body.
(f) Membership.
(1) The Council is composed of at least 15
voting members appointed by the Executive Commissioner and nonvoting agency, ex
officio representatives as determined by the Executive Commissioner. Total
membership on the Council will not exceed 24.
(2) Voting membership.
(A) The Council must include:
(i) at least five physician members,
including:
(I) two who are board certified in
hospice and palliative care; and
(II) one who is board certified in pain
management;
(ii) three
palliative care practitioner members, including:
(I) two advanced practice registered nurses
who are board-certified in hospice and palliative care; and
(II) one physician assistant who has
experience providing palliative care;
(iii) four health care professional members,
including:
(I) a nurse;
(II) a social worker;
(III) a pharmacist; and
(IV) a spiritual-care professional;
and
(iv) at least three
members:
(I) with experience as an advocate
for patients and the patients' family caregivers;
(II) who are independent of a hospital or
other health care facility; and
(III) at least one of whom represents an
established patient advocacy organization.
(B) Health care professional members listed
in subparagraph (A)(iii) of this paragraph must meet one or more of the
following qualifications:
(i) experience
providing palliative care to pediatric, youth, or adult populations;
(ii) expertise in palliative care delivery in
an inpatient, outpatient, or community setting; or
(iii) expertise in interdisciplinary
palliative care.
(C) In
selecting voting members, the Executive Commissioner considers ethnic and
minority representation and geographic representation.
(D) Members are appointed to staggered terms
so that the terms of approximately one-quarter of the members' terms expire on
December 31 of each year.
(E)
Except as necessary to stagger terms, the term of each voting member is four
years.
(g)
Officers. The Council selects from its members a presiding officer and an
assistant presiding officer.
(1) The presiding
officer serves until December 31 of each odd-numbered year. The assistant
presiding officer serves until December 31 of each even-numbered
year.
(2) The presiding officer and
the assistant presiding officer remain in their positions until the Council
selects a successor; however, the individual may not remain in office past the
individual's membership term.
(h) Required Training. Each member shall
complete all training on relevant statutes and rules, including this section
and §
RSA
351.801 of this subchapter (relating to
Authority and General Provisions) and Texas Government Code §
RSA 531.012, and
Texas Government Code Chapters 551 and 2110. HHSC will provide the
training.
(i) Abolition. The
Council is required by statute and will continue as long as the state law that
requires it remains in effect.
