Texas Health & Safety Code - Section 166.045. Liability For Failure To Effectuate Directive
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§ 166.045. LIABILITY FOR FAILURE TO EFFECTUATE
DIRECTIVE. (a) A physician, health care facility, or health care
professional who has no knowledge of a directive is not civilly or
criminally liable for failing to act in accordance with the
directive.
(b) A physician, or a health professional acting under the
direction of a physician, is subject to review and disciplinary
action by the appropriate licensing board for failing to effectuate
a qualified patient's directive in violation of this subchapter or
other laws of this state. This subsection does not limit remedies
available under other laws of this state.
(c) If an attending physician refuses to comply with a
directive or treatment decision and does not wish to follow the
procedure established under Section 166.046, life-sustaining
treatment shall be provided to the patient, but only until a
reasonable opportunity has been afforded for the transfer of the
patient to another physician or health care facility willing to
comply with the directive or treatment decision.
(d) A physician, health professional acting under the
direction of a physician, or health care facility is not civilly or
criminally liable or subject to review or disciplinary action by
the person's appropriate licensing board if the person has complied
with the procedures outlined in Section 166.046.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Renumbered from § 672.016 and amended by Acts 1999, 76th Leg.,
ch. 450, § 1.03, eff. Sept. 1, 1999.
Section: 166.038 166.039 166.040 166.041 166.042 166.043 166.044 166.045 166.046 166.047 166.048 166.049 166.050 166.051 166.052
Last modified: August 11, 2007
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