Texas Health & Safety Code - Section 166.042. Revocation Of Directive
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§ 166.042. REVOCATION OF DIRECTIVE. (a) A declarant may
revoke a directive at any time without regard to the declarant's
mental state or competency. A directive may be revoked by:
(1) the declarant or someone in the declarant's
presence and at the declarant's direction canceling, defacing,
obliterating, burning, tearing, or otherwise destroying the
directive;
(2) the declarant signing and dating a written
revocation that expresses the declarant's intent to revoke the
directive; or
(3) the declarant orally stating the declarant's
intent to revoke the directive.
(b) A written revocation executed as prescribed by
Subsection (a)(2) takes effect only when the declarant or a person
acting on behalf of the declarant notifies the attending physician
of its existence or mails the revocation to the attending
physician. The attending physician or the physician's designee
shall record in the patient's medical record the time and date when
the physician received notice of the written revocation and shall
enter the word "VOID" on each page of the copy of the directive in
the patient's medical record.
(c) An oral revocation issued as prescribed by Subsection
(a)(3) takes effect only when the declarant or a person acting on
behalf of the declarant notifies the attending physician of the
revocation. The attending physician or the physician's designee
shall record in the patient's medical record the time, date, and
place of the revocation, and, if different, the time, date, and
place that the physician received notice of the revocation. The
attending physician or the physician's designees shall also enter
the word "VOID" on each page of the copy of the directive in the
patient's medical record.
(d) Except as otherwise provided by this subchapter, a
person is not civilly or criminally liable for failure to act on a
revocation made under this section unless the person has actual
knowledge of the revocation.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Renumbered from § 672.012 and amended by Acts 1999, 76th Leg.,
ch. 450, § 1.03, eff. Sept. 1, 1999.
Section: 166.035 166.036 166.037 166.038 166.039 166.040 166.041 166.042 166.043 166.044 166.045 166.046 166.047 166.048 166.049
Last modified: August 11, 2007
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