Texas Health & Safety Code - Section 166.038. Procedure When Declarant Is Incompetent Or Incapable Of Communication
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§ 166.038. PROCEDURE WHEN DECLARANT IS INCOMPETENT OR
INCAPABLE OF COMMUNICATION. (a) This section applies when an adult
qualified patient has executed or issued a directive and is
incompetent or otherwise mentally or physically incapable of
communication.
(b) If the adult qualified patient has designated a person
to make a treatment decision as authorized by Section 166.032(c),
the attending physician and the designated person may make a
treatment decision in accordance with the declarant's directions.
(c) If the adult qualified patient has not designated a
person to make a treatment decision, the attending physician shall
comply with the directive unless the physician believes that the
directive does not reflect the patient's present desire.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Renumbered from 672.008 and amended by Acts 1999, 76th Leg., ch.
450, § 1.03, eff. Sept. 1, 1999.
Section: 166.031 166.032 166.033 166.034 166.035 166.036 166.037 166.038 166.039 166.040 166.041 166.042 166.043 166.044 166.045
Last modified: August 11, 2007
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