Texas Legislation Proposes Massive Changes to Brain Death Law

A new bill in the Texas Legislature proposes the most sweeping changes to a brain death statute ever seen in the United States. 

H.B. 4329 proposes six key changes. Three are designed to improve the accuracy of the diagnosis. Three are designed to accommodate distrustful and objecting families.

Improving Accuracy

1. The bill amends the state's determination of death statute to mirror the language from the UDDA, requiring cessation of "all functions of the entire brain, including the brain stem" rather than cessation of "spontaneous brain function."

2. The bill requires that only those physicians "professionally qualified by specialty or expertise" may make the diagnosis.

3. The bill requires that a second qualified physician confirm the diagnosis.

Accommodating Objections

1. The bill requires hospitals to provide the patient's surrogate with the patient's medical records and an opportunity to get an outside third opinion.

2. The bill permits families to delay removal of mechanical ventilation for at least 28 days from the receipt of the written notice.

3. The bill prohibits declaration of death upon the basis of neurological criteria  if there is evidence that the patient has a religious objection.

Sponsor Rep. Canales