Texas Health & Safety Code - Section 166.044. Limitation Of Liability For Withholding Or Withdrawing Life-Sustaining Procedures
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§ 166.044. LIMITATION OF LIABILITY FOR WITHHOLDING OR
WITHDRAWING LIFE-SUSTAINING PROCEDURES. (a) A physician or health
care facility that causes life-sustaining treatment to be withheld
or withdrawn from a qualified patient in accordance with this
subchapter is not civilly liable for that action unless the
physician or health care facility fails to exercise reasonable care
when applying the patient's advance directive.
(b) A health professional, acting under the direction of a
physician, who participates in withholding or withdrawing
life-sustaining treatment from a qualified patient in accordance
with this subchapter is not civilly liable for that action unless
the health professional fails to exercise reasonable care when
applying the patient's advance directive.
(c) A physician, or a health professional acting under the
direction of a physician, who participates in withholding or
withdrawing life-sustaining treatment from a qualified patient in
accordance with this subchapter is not criminally liable or guilty
of unprofessional conduct as a result of that action unless the
physician or health professional fails to exercise reasonable care
when applying the patient's advance directive.
(d) The standard of care that a physician, health care
facility, or health care professional shall exercise under this
section is that degree of care that a physician, health care
facility, or health care professional, as applicable, of ordinary
prudence and skill would have exercised under the same or similar
circumstances in the same or a similar community.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Renumbered from § 672.015 and amended by Acts 1999, 76th Leg.,
ch. 450, § 1.03, eff. Sept. 1, 1999.
Section: 166.037 166.038 166.039 166.040 166.041 166.042 166.043 166.044 166.045 166.046 166.047 166.048 166.049 166.050 166.051
Last modified: August 11, 2007
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