Texas Health And Safety Code Title 2, Chapter 166 - Advance Directives

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 166.001 - Short Title
  This chapter may be cited as the Advance Directives Act. Added by Acts 1999, 76th Leg., ch. 450, Sec. 1.02, eff. Sept. 1, 1999.
• Texas Section 166.002 - Definitions
  In this chapter: (1) "Advance directive" means: (A) a directive, as that term is defined by Section 166.031; (B) an out-of-hospital DNR order, as that...
• Texas Section 166.003 - Witnesses
  In any circumstance in which this chapter requires the execution of an advance directive or the issuance of a nonwritten advance directive to be witnessed:...
• Texas Section 166.004 - Statement Relating To Advance Directive
  (a) In this section, "health care provider" means: (1) a hospital; (2) an institution licensed under Chapter 242, including a skilled nursing facility; (3) a...
• Texas Section 166.005 - Enforceability Of Advance Directives Executed In Another Jurisdiction
  An advance directive or similar instrument validly executed in another state or jurisdiction shall be given the same effect as an advance directive validly executed...
• Texas Section 166.006 - Effect Of Advance Directive On Insurance Policy And Premiums
  (a) The fact that a person has executed or issued an advance directive does not: (1) restrict, inhibit, or impair in any manner the sale,...
• Texas Section 166.007 - Execution Of Advance Directive May Not Be Required
  A physician, health facility, health care provider, insurer, or health care service plan may not require a person to execute or issue an advance directive...
• Texas Section 166.008 - Conflict Between Advance Directives
  To the extent that a treatment decision or an advance directive validly executed or issued under this chapter conflicts with another treatment decision or an...
• Texas Section 166.009 - Certain Life-sustaining Treatment Not Required
  This chapter may not be construed to require the provision of life-sustaining treatment that cannot be provided to a patient without denying the same treatment...
• Texas Section 166.010 - Applicability Of Federal Law Relating To Child Abuse And Neglect
  This chapter is subject to applicable federal law and regulations relating to child abuse and neglect to the extent applicable to the state based on...

SUBCHAPTER B DIRECTIVE TO PHYSICIANS

• Texas Section 166.011 - Digital Or Electronic Signature
  (a) For an advance directive in which a signature by a declarant, witness, or notary public is required or used, the declarant, witness, or notary...
• Texas Section 166.031 - Definitions
  In this subchapter: (1) "Directive" means an instruction made under Section 166.032, 166.034, or 166.035 to administer, withhold, or withdraw life-sustaining treatment in the event...
• Texas Section 166.032 - Written Directive By Competent Adult; Notice To Physician
  (a) A competent adult may at any time execute a written directive. (b) Except as provided by Subsection (b-1), the declarant must sign the directive...
• Texas Section 166.033 - Form Of Written Directive
  A written directive may be in the following form: DIRECTIVE TO PHYSICIANS AND FAMILY OR SURROGATES Instructions for completing this document: This is an important...
• Texas Section 166.034 - Issuance Of Nonwritten Directive By Competent Adult Qualified Patient
  (a) A competent qualified patient who is an adult may issue a directive by a nonwritten means of communication. (b) A declarant must issue the...
• Texas Section 166.035 - Execution Of Directive On Behalf Of Patient Younger Than 18 Years Of Age
  The following persons may execute a directive on behalf of a qualified patient who is younger than 18 years of age: (1) the patient's spouse,...
• Texas Section 166.036 - Notarized Document Not Required; Requirement Of Specific Form Prohibited
  (a) Except as provided by Section 166.032(b-1), a written directive executed under Section 166.033 or 166.035 is effective without regard to whether the document has...
• Texas Section 166.037 - Patient Desire Supersedes Directive
  The desire of a qualified patient, including a qualified patient younger than 18 years of age, supersedes the effect of a directive. Acts 1989, 71st...
• Texas Section 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...
• Texas Section 166.039 - Procedure When Person Has Not Executed Or Issued A Directive And Is Incompetent Or Incapable Of Communication
  (a) If an adult qualified patient has not executed or issued a directive and is incompetent or otherwise mentally or physically incapable of communication, the...
• Texas Section 166.040 - Patient Certification And Prerequisites For Complying With Directive
  (a) An attending physician who has been notified of the existence of a directive shall provide for the declarant's certification as a qualified patient on...
• Texas Section 166.041 - Duration Of Directive
  A directive is effective until it is revoked as prescribed by Section 166.042. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989....
• Texas Section 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:...
• Texas Section 166.043 - Reexecution Of Directive
  A declarant may at any time reexecute a directive in accordance with the procedures prescribed by Section 166.032, including reexecution after the declarant is diagnosed...
• Texas Section 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...
• Texas Section 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...
• Texas Section 166.046 - Procedure If Not Effectuating A Directive Or Treatment Decision
  (a) If an attending physician refuses to honor a patient's advance directive or a health care or treatment decision made by or on behalf of...
• Texas Section 166.047 - Honoring Directive Does Not Constitute Offense Of Aiding Suicide
  A person does not commit an offense under Section 22.08, Penal Code, by withholding or withdrawing life-sustaining treatment from a qualified patient in accordance with...
• Texas Section 166.048 - Criminal Penalty; Prosecution
  (a) A person commits an offense if the person intentionally conceals, cancels, defaces, obliterates, or damages another person's directive without that person's consent. An offense...
• Texas Section 166.049 - Pregnant Patients
  A person may not withdraw or withhold life-sustaining treatment under this subchapter from a pregnant patient. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff....
• Texas Section 166.050 - Mercy Killing Not Condoned
  This subchapter does not condone, authorize, or approve mercy killing or permit an affirmative or deliberate act or omission to end life except to permit...
• Texas Section 166.051 - Legal Right Or Responsibility Not Affected
  This subchapter does not impair or supersede any legal right or responsibility a person may have to effect the withholding or withdrawal of life-sustaining treatment...
• Texas Section 166.052 - Statements Explaining Patient's Right To Transfer
  (a) In cases in which the attending physician refuses to honor an advance directive or health care or treatment decision requesting the provision of life-sustaining...

SUBCHAPTER C OUT-OF-HOSPITAL DO-NOT-RESUSCITATE ORDERS

• Texas Section 166.053 - Registry To Assist Transfers
  (a) The department shall maintain a registry listing the identity of and contact information for health care providers and referral groups, situated inside and outside...
• Texas Section 166.081 - Definitions
  In this subchapter: (1) Repealed by Acts 2003, 78th Leg., ch. 1228, Sec. 8. (2) "DNR identification device" means an identification device specified by department...
• Texas Section 166.082 - Out-of-hospital Dnr Order; Directive To Physicians
  (a) A competent person may at any time execute a written out-of-hospital DNR order directing health care professionals acting in an out-of-hospital setting to withhold...
• Texas Section 166.083 - Form Of Out-of-hospital Dnr Order
  (a) A written out-of-hospital DNR order shall be in the standard form specified by department rule as recommended by the department. (b) The standard form...
• Texas Section 166.084 - Issuance Of Out-of-hospital Dnr Order By Nonwritten Communication
  (a) A competent person who is an adult may issue an out-of-hospital DNR order by nonwritten communication. (b) A declarant must issue the nonwritten out-of-hospital...
• Texas Section 166.085 - Execution Of Out-of-hospital Dnr Order On Behalf Or A Minor
  (a) The following persons may execute an out-of-hospital DNR order on behalf of a minor: (1) the minor's parents; (2) the minor's legal guardian; or...
• Texas Section 166.086 - Desire Of Person Supersedes Out-of-hospital Dnr Order
  The desire of a competent person, including a competent minor, supersedes the effect of an out-of-hospital DNR order executed or issued by or on behalf...
• Texas Section 166.087 - Procedure When Declarant Is Incompetent Or Incapable Of Communication
  (a) This section applies when a person 18 years of age or older has executed or issued an out-of-hospital DNR order and subsequently becomes incompetent...
• Texas Section 166.088 - Procedure When Person Has Not Executed Or Issued Out-of-hospital Dnr Order And Is Incompetent Or Incapable Of Communication
  (a) If an adult person has not executed or issued an out-of-hospital DNR order and is incompetent or otherwise mentally or physically incapable of communication,...
• Texas Section 166.089 - Compliance With Out-of-hospital Dnr Order
  (a) When responding to a call for assistance, health care professionals shall honor an out-of-hospital DNR order in accordance with the statewide out-of-hospital DNR protocol...
• Texas Section 166.090 - Dnr Identification Device
  (a) A person who has a valid out-of-hospital DNR order under this subchapter may wear a DNR identification device around the neck or on the...
• Texas Section 166.091 - Duration Of Out-of-hospital Dnr Order
  An out-of-hospital DNR order is effective until it is revoked as prescribed by Section 166.092. Added by Acts 1995, 74th Leg., ch. 965, Sec. 10,...
• Texas Section 166.092 - Revocation Of Out-of-hospital Dnr Order
  (a) A declarant may revoke an out-of-hospital DNR order at any time without regard to the declarant's mental state or competency. An order may be...
• Texas Section 166.093 - Reexecution Of Out-of-hospital Dnr Order
  A declarant may at any time reexecute or reissue an out-of-hospital DNR order in accordance with the procedures prescribed by Section 166.082, including reexecution or...
• Texas Section 166.094 - Limitation On Liability For Withholding Cardiopulmonary Resuscitation And Certain Other Life-sustaining Procedures
  (a) A health care professional or health care facility or entity that in good faith causes cardiopulmonary resuscitation or certain other life-sustaining treatment designated by...
• Texas Section 166.095 - Limitation On Liability For Failure To Effectuate Out-of-hospital Dnr Order
  (a) A health care professional or health care facility or entity that has no actual knowledge of an out-of-hospital DNR order is not civilly or...
• Texas Section 166.096 - Honoring Out-of-hospital Dnr Order Does Not Constitute Offense Of Aiding Suicide
  A person does not commit an offense under Section 22.08, Penal Code, by withholding cardiopulmonary resuscitation or certain other life-sustaining treatment designated by department rule...
• Texas Section 166.097 - Criminal Penalty; Prosecution
  (a) A person commits an offense if the person intentionally conceals, cancels, defaces, obliterates, or damages another person's out-of-hospital DNR order or DNR identification device...
• Texas Section 166.098 - Pregnant Persons
  A person may not withhold cardiopulmonary resuscitation or certain other life-sustaining treatment designated by department rule under this subchapter from a person known by the...
• Texas Section 166.099 - Mercy Killing Not Condoned
  This subchapter does not condone, authorize, or approve mercy killing or permit an affirmative or deliberate act or omission to end life except to permit...
• Texas Section 166.100 - Legal Right Or Responsibility Not Affected
  This subchapter does not impair or supersede any legal right or responsibility a person may have under a constitution, other statute, regulation, or court decision...
• Texas Section 166.101 - Duties Of Department And Executive Commissioner
  (a) The executive commissioner shall, on the recommendation of the department, adopt all reasonable and necessary rules to carry out the purposes of this subchapter,...

SUBCHAPTER D MEDICAL POWER OF ATTORNEY

• Texas Section 166.102 - Physician's Dnr Order May Be Honored By Health Care Personnel Other Than Emergency Medical Services Personnel
  (a) Except as provided by Subsection (b), a licensed nurse or person providing health care services in an out-of-hospital setting may honor a physician's do-not-resuscitate...
• Texas Section 166.151 - Definitions
  In this subchapter: (1) "Adult" means a person 18 years of age or older or a person under 18 years of age who has had...
• Texas Section 166.152 - Scope And Duration Of Authority
  (a) Subject to this subchapter or any express limitation on the authority of the agent contained in the medical power of attorney, the agent may...
• Texas Section 166.153 - Persons Who May Not Exercise Authority Of Agent
  A person may not exercise the authority of an agent while the person serves as: (1) the principal's health care provider; (2) an employee of...
• Texas Section 166.154 - Execution
  (a) Except as provided by Subsection (b), the medical power of attorney must be signed by the principal in the presence of two witnesses who...
• Texas Section 166.155 - Revocation
  (a) A medical power of attorney is revoked by: (1) oral or written notification at any time by the principal to the agent or a...
• Texas Section 166.156 - Appointment Of Guardian
  (a) On motion filed in connection with a petition for appointment of a guardian or, if a guardian has been appointed, on petition of the...
• Texas Section 166.157 - Disclosure Of Medical Information
  Subject to any limitations in the medical power of attorney, an agent may, for the purpose of making a health care decision: (1) request, review,...
• Texas Section 166.158 - Duty Of Health Or Residential Care Provider
  (a) A principal's health or residential care provider and an employee of the provider who knows of the existence of the principal's medical power of...
• Texas Section 166.159 - Discrimination Relating To Execution Of Medical Power Of Attorney
  A health or residential care provider, health care service plan, insurer issuing disability insurance, self-insured employee benefit plan, or nonprofit hospital service plan may not:...
• Texas Section 166.160 - Limitation On Liability
  (a) An agent is not subject to criminal or civil liability for a health care decision if the decision is made in good faith under...
• Texas Section 166.161 - Liability For Health Care Costs
  Liability for the cost of health care provided as a result of the agent's decision is the same as if the health care were provided...
• Texas Section 166.162 - Disclosure Statement
  A medical power of attorney is not effective unless the principal, before executing the medical power of attorney, signs a statement that the principal has...
• Texas Section 166.163 - Form Of Disclosure Statement
  The disclosure statement must be in substantially the following form: INFORMATION CONCERNING THE MEDICAL POWER OF ATTORNEY THIS IS AN IMPORTANT LEGAL DOCUMENT. BEFORE SIGNING...
• Texas Section 166.164 - Form Of Medical Power Of Attorney
  The medical power of attorney must be in substantially the following form: MEDICAL POWER OF ATTORNEY DESIGNATION OF HEALTH CARE AGENT. I, __________ (insert your...
• Texas Section 166.165 - Civil Action
  (a) A person who is a near relative of the principal or a responsible adult who is directly interested in the principal, including a guardian,...
• Texas Section 166.166 - Other Rights Or Responsibilities Not Affected
  This subchapter does not limit or impair any legal right or responsibility that any person, including a physician or health or residential care provider, may...

Last modified: September 28, 2016