By:  Moncrief                                         S.B. No. 1260
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to certain advance directives for medical treatment;
 1-2     providing administrative penalties.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4                       ARTICLE 1.  ADVANCE DIRECTIVES
 1-5           SECTION 1.01.  Subtitle H, Title 2, Health and Safety Code,
 1-6     is amended by adding a chapter heading for Chapter 166 to read as
 1-7     follows:
 1-8                      CHAPTER 166.  ADVANCE DIRECTIVES
 1-9           SECTION 1.02.  Subtitle H, Title 2, Health and Safety Code,
1-10     is amended by adding Subchapter A, Chapter 166, to read as follows:
1-11                      SUBCHAPTER A.  GENERAL PROVISIONS
1-12           Sec. 166.001.  SHORT TITLE.  This chapter may be cited as the
1-13     Advance Directives Act.
1-14           Sec. 166.002.  DEFINITIONS.  In this chapter:
1-15                 (1)  "Advance directive" means:
1-16                       (A)  a directive, as that term is defined by
1-17     Section 166.031;
1-18                       (B)  an out-of-hospital DNR order, as that term
1-19     is defined by Section 166.081; or
1-20                       (C)  a medical power of attorney under Subchapter
1-21     D.
1-22                 (2)  "Artificial nutrition and hydration" means the
1-23     provision of nutrients or fluids by a tube inserted in a vein,
1-24     under the skin in the subcutaneous tissues, or in the stomach
 2-1     (gastrointestinal tract).
 2-2                 (3)  "Attending physician" means a physician selected
 2-3     by or assigned to a patient who has primary responsibility for a
 2-4     patient's treatment and care.
 2-5                 (4)  "Competent" means possessing the ability, based on
 2-6     reasonable medical judgment, to understand and appreciate the
 2-7     nature and consequences of a treatment decision, including the
 2-8     significant benefits and harms of and reasonable alternatives to a
 2-9     proposed treatment decision.
2-10                 (5)  "Declarant" means a person who has executed or
2-11     issued a directive under this chapter.
2-12                 (6)  "Ethics or medical committee" means a committee
2-13     established under Sections 161.031-161.033.
2-14                 (7)  "Incompetent" means lacking the ability, based on
2-15     reasonable medical judgment, to understand and appreciate the
2-16     nature and consequences of a treatment decision, including the
2-17     significant benefits and harms of and reasonable alternatives to a
2-18     proposed treatment decision.
2-19                 (8)  "Irreversible condition" means a condition,
2-20     injury, or illness:
2-21                       (A)  that may be treated but is never cured or
2-22     eliminated;
2-23                       (B)  that leaves a person unable to care for or
2-24     make decisions for the person's own self; and
2-25                       (C)  that, without life-sustaining treatment
2-26     provided in accordance with the prevailing standard of medical
 3-1     care, is fatal.
 3-2                 (9)  "Life-sustaining treatment" means a treatment
 3-3     that, based on reasonable medical judgment, sustains the life of a
 3-4     patient and without which the patient will die.  The term includes
 3-5     both life-sustaining medications and artificial life support, such
 3-6     as mechanical breathing machines, kidney dialysis treatment, and
 3-7     artificial nutrition and hydration.  The term does not include the
 3-8     administration of pain management medication or the performance of
 3-9     a medical procedure considered to be necessary to provide comfort
3-10     care, or any other medical care provided to alleviate a patient's
3-11     pain.
3-12                 (10)  "Medical power of attorney" means a document
3-13     delegating to an agent authority to make health care decisions
3-14     executed or issued under Subchapter D.
3-15                 (11)  "Physician" means:
3-16                       (A)  a physician licensed by the Texas State
3-17     Board of Medical Examiners; or
3-18                       (B)  a properly credentialed physician who holds
3-19     a commission in the uniformed services of the United States and who
3-20     is serving on active duty in this state.
3-21                 (12)  "Terminal condition" means an incurable condition
3-22     caused by injury, disease, or illness that according to reasonable
3-23     medical judgment will produce death within six months, even with
3-24     the available life-sustaining treatment provided in accordance with
3-25     the prevailing standard of medical care.  A patient who has been
3-26     admitted to a program under which the person receives hospice
 4-1     services provided by a home and community support services agency
 4-2     licensed under Chapter 142 is presumed to have a terminal condition
 4-3     for purposes of this chapter.
 4-4                 (13)  "Witness" means a person who may serve as a
 4-5     witness under Section 166.003.
 4-6           Sec. 166.003.  WITNESSES.  In any circumstance in which this
 4-7     chapter requires the execution of an advance directive or the
 4-8     issuance of a nonwritten advance directive to be witnessed:
 4-9                 (1)  each witness must be a competent adult; and
4-10                 (2)  at least one of the witnesses must be a person who
4-11     is not:
4-12                       (A)  a person designated by the declarant to make
4-13     a treatment decision;
4-14                       (B)  a person related to the declarant by blood
4-15     or marriage;
4-16                       (C)  a person entitled to any part of the
4-17     declarant's estate after the declarant's death under a will or
4-18     codicil executed by the declarant or by operation of law;
4-19                       (D)  the attending physician;
4-20                       (E)  an employee of the attending physician;
4-21                       (F)  an employee of a health care facility in
4-22     which the declarant is a patient if the employee is providing
4-23     direct patient care to the declarant or is an officer, director,
4-24     partner, or business office employee of the health care facility or
4-25     of any parent organization of the health care facility; or
4-26                       (G)  a person who, at the time the written
 5-1     advance directive is executed or, if the directive is a nonwritten
 5-2     directive issued under this chapter, at the time the nonwritten
 5-3     directive is issued, has a claim against any part of the
 5-4     declarant's estate after the declarant's death.
 5-5           Sec. 166.004.  STATEMENT RELATING TO ADVANCE DIRECTIVE.
 5-6     (a)  In this section, "health care provider" means:
 5-7                 (1)  a hospital;
 5-8                 (2)  an institution licensed under Chapter 242,
 5-9     including a skilled nursing facility;
5-10                 (3)  a home and community support services agency;
5-11                 (4)  a personal care facility; and
5-12                 (5)  a special care facility.
5-13           (b)  A health care provider shall maintain written policies
5-14     regarding the implementation of advance directives.  The policies
5-15     must include a clear and precise statement of any procedure the
5-16     health care provider is unwilling or unable to provide or withhold
5-17     in accordance with an advance directive.
5-18           (c)  Except as provided by Subsection (g), the health care
5-19     provider shall provide written notice to an individual of the
5-20     written policies described by Subsection (b).  The notice must be
5-21     provided at the earlier of:
5-22                 (1)  the time the individual is admitted to receive
5-23     services from the health care provider; or
5-24                 (2)  the time the health care provider begins providing
5-25     care to the individual.
5-26           (d)  If, at the time notice is to be provided under
 6-1     Subsection (c), the individual is incompetent or otherwise
 6-2     incapacitated and unable to receive the notice required by this
 6-3     section, the provider shall provide the required written notice, in
 6-4     the following order of preference, to:
 6-5                 (1)  the individual's legal guardian;
 6-6                 (2)  a person responsible for the health care decisions
 6-7     of the individual;
 6-8                 (3)  the individual's spouse;
 6-9                 (4)  the individual's adult child;
6-10                 (5)  the individual's parent; or
6-11                 (6)  the person admitting the individual.
6-12           (e)  If Subsection (d) applies and except as provided by
6-13     Subsection (f), if a health care provider is unable, after diligent
6-14     search, to locate an individual listed by Subsection (d), the
6-15     health care provider is not required to provide the notice.
6-16           (f)  If an individual who was incompetent or otherwise
6-17     incapacitated and unable to receive the notice required by this
6-18     section at the time notice was to be provided under Subsection (c)
6-19     later becomes able to receive the notice, the health care provider
6-20     shall provide the written notice at the time the individual becomes
6-21     able to receive the notice.
6-22           (g)  This section does not apply to outpatient hospital
6-23     services, including emergency services.
6-24           Sec. 166.005.  ENFORCEABILITY OF ADVANCE DIRECTIVES EXECUTED
6-25     IN ANOTHER JURISDICTION.  An advance directive or similar
6-26     instrument validly executed in another state or jurisdiction shall
 7-1     be given the same effect as an advance directive validly executed
 7-2     under the law of this state.  This section does not authorize the
 7-3     administration, withholding, or withdrawal of health care otherwise
 7-4     prohibited by the laws of this state.
 7-5           Sec. 166.006.  EFFECT OF ADVANCE DIRECTIVE ON INSURANCE
 7-6     POLICY AND PREMIUMS.  (a)  The fact that a person has executed or
 7-7     issued an advance directive does not:
 7-8                 (1)  restrict, inhibit, or impair in any manner the
 7-9     sale, procurement, or issuance of a life insurance policy to that
7-10     person; or
7-11                 (2)  modify the terms of an existing life insurance
7-12     policy.
7-13           (b)  Notwithstanding the terms of any life insurance policy,
7-14     the fact that life-sustaining treatment is withheld or withdrawn
7-15     from an insured qualified patient under this chapter does not
7-16     legally impair or invalidate that person's life insurance policy
7-17     and may not be a factor for the purpose of determining, under the
7-18     life insurance policy, whether benefits are payable or the cause of
7-19     death.
7-20           (c)  The fact that a person has executed or issued or failed
7-21     to execute or issue an advance directive may not be considered in
7-22     any way in establishing insurance premiums.
7-23           Sec. 166.007.  EXECUTION OF ADVANCE DIRECTIVE MAY NOT BE
7-24     REQUIRED.  A physician, health facility, health care provider,
7-25     insurer, or health care service plan may not require a person to
7-26     execute or issue an advance directive as a condition for obtaining
 8-1     insurance for health care services or receiving health care
 8-2     services.
 8-3           Sec. 166.008.  CONFLICT BETWEEN ADVANCE DIRECTIVES.  To the
 8-4     extent that a treatment decision or an advance directive validly
 8-5     executed or issued under this chapter conflicts with another
 8-6     treatment decision or an advance directive executed or issued under
 8-7     this chapter, the treatment decision made or instrument executed
 8-8     later in time controls.
 8-9           Sec. 166.009.  CERTAIN LIFE-SUSTAINING TREATMENT NOT
8-10     REQUIRED.  This chapter may not be construed to require the
8-11     provision of life-sustaining treatment that cannot be provided to a
8-12     patient without denying the same treatment to another patient.
8-13           SECTION 1.03.  Chapter 672, Health and Safety Code, is
8-14     transferred to Subtitle H, Title 2, Health and Safety Code, is
8-15     redesignated as Subchapter B, Chapter 166, Health and Safety Code,
8-16     and is amended to read as follows:
8-17        SUBCHAPTER B.  DIRECTIVE TO PHYSICIANS [CHAPTER 672.  NATURAL]
8-18                                 [DEATH ACT]
8-19           [Sec. 672.001.  SHORT TITLE.  This chapter may be cited as
8-20     the Natural Death Act.]
8-21           Sec. 166.031 [672.002].  DEFINITIONS.  In this subchapter
8-22     [chapter]:
8-23                 (1)  ["Attending physician" means the physician who has
8-24     primary responsibility for a patient's treatment and care.]
8-25                 [(2)  "Competent" means possessing the ability, based
8-26     on reasonable medical judgment, to understand and appreciate the
 9-1     nature and consequences of a treatment decision, including the
 9-2     significant benefits and harms of and reasonable alternatives to a
 9-3     proposed treatment decision.]
 9-4                 [(3)  "Declarant" means a person who has executed or
 9-5     issued a directive under this chapter.]
 9-6                 [(4)]  "Directive" means an instruction made under
 9-7     Section 166.032, 166.034, or 166.035 [672.003, 672.005, or 672.006]
 9-8     to administer, withhold, or withdraw life-sustaining treatment
 9-9     [procedures] in the event of a terminal or irreversible condition.
9-10                 (2) [(5)  "Incompetent" means lacking the ability,
9-11     based on reasonable medical judgment, to understand and appreciate
9-12     the nature and consequences of a treatment decision, including the
9-13     significant benefits and harms of and reasonable alternatives to a
9-14     proposed treatment decision.]
9-15                 [(6)  "Life-sustaining procedure" means a medical
9-16     procedure or intervention that uses mechanical or other artificial
9-17     means to sustain, restore, or supplant a vital function, and only
9-18     artificially postpones the moment of death of a patient in a
9-19     terminal condition whose death is imminent or will result within a
9-20     relatively short time without the application of the procedure.
9-21     The term does not include the administration of medication or the
9-22     performance of a medical procedure considered to be necessary to
9-23     provide comfort or care or to alleviate pain.]
9-24                 [(7)  "Physician" means a physician licensed by the
9-25     Texas State Board of Medical Examiners or a properly credentialed
9-26     physician who holds a commission in the uniformed services of the
 10-1    United States and who is serving on active duty in this state.]
 10-2                [(8)]  "Qualified patient" means a patient with a
 10-3    terminal or irreversible condition that has been diagnosed and
 10-4    certified in writing by the attending physician [and one other
 10-5    physician who have personally examined the patient].
 10-6                [(9)  "Terminal condition" means an incurable or
 10-7    irreversible condition caused by injury, disease, or illness that
 10-8    would produce death without the application of life-sustaining
 10-9    procedures, according to reasonable medical judgment, and in which
10-10    the application of life-sustaining procedures serves only to
10-11    postpone the moment of the patient's death.]
10-12          Sec. 166.032 [672.003].  WRITTEN DIRECTIVE BY COMPETENT
10-13    ADULT; NOTICE TO PHYSICIAN.  (a)  A competent adult may at any time
10-14    execute a written directive.
10-15          (b)  The declarant must sign the directive in the presence of
10-16    two witnesses, at least one of whom must be a witness who qualifies
10-17    under Section 166.003(2).  The [and those] witnesses must sign the
10-18    directive.
10-19          (c)  [A witness may not be:]
10-20                [(1)  a person designated by the declarant to make a
10-21    treatment decision;]
10-22                [(2)  a person related to the declarant by blood or
10-23    marriage;]
10-24                [(3)  a person entitled to any part of the declarant's
10-25    estate after the declarant's death under a will or codicil executed
10-26    by the declarant or by operation of law;]
 11-1                [(4)  the attending physician;]
 11-2                [(5)  an employee of the attending physician;]
 11-3                [(6)  an employee of a health care facility in which
 11-4    the declarant is a patient if the employee is providing direct
 11-5    patient care to the declarant or is an officer, director, partner,
 11-6    or business office employee of the health care facility or of any
 11-7    parent organization of the health care facility; or]
 11-8                [(7)  a person who, at the time the written directive
 11-9    is executed or if the directive is a nonwritten directive issued
11-10    under Section 672.005, at the time the nonwritten directive is
11-11    issued, has a claim against any part of the declarant's estate
11-12    after the declarant's death.]
11-13          [(d)]  A declarant may include in a directive directions
11-14    other than those provided by Section 166.033 [672.004] and may
11-15    designate in a directive a person to make a treatment decision for
11-16    the declarant in the event the declarant becomes [comatose,]
11-17    incompetent[,] or otherwise mentally or physically incapable of
11-18    communication.
11-19          (d) [(e)]  A declarant shall notify the attending physician
11-20    of the existence of a written directive.  If the declarant is
11-21    [comatose,] incompetent[,] or otherwise mentally or physically
11-22    incapable of communication, another person may notify the attending
11-23    physician of the existence of the written directive.  The attending
11-24    physician shall make the directive a part of the declarant's
11-25    medical record.
11-26          Sec. 166.033 [672.004].  FORM OF WRITTEN DIRECTIVE.  A
 12-1    written directive may be in the following form:
 12-2             DIRECTIVE TO PHYSICIANS AND FAMILY OR SURROGATES
 12-3    Instructions for completing this document:
 12-4          This is an important legal document known as an Advance
 12-5    Directive.  It is designed to help you communicate your wishes
 12-6    about medical treatment at some time in the future when you are
 12-7    unable to make your wishes known because of illness or injury.
 12-8    These wishes are usually based on personal values.  In particular,
 12-9    you may want to consider what burdens or hardships of treatment you
12-10    would be willing to accept for a particular amount of benefit
12-11    obtained if you were seriously ill.
12-12          You are encouraged to discuss your values and wishes with
12-13    your family or chosen spokesperson, as well as your physician.
12-14    Your physician, other health care provider, or medical institution
12-15    may provide you with various resources to assist you in completing
12-16    your advance directive.  Brief definitions are listed below and may
12-17    aid you in your discussions and advance planning.  Initial the
12-18    treatment choices that best reflect your personal preferences.
12-19    Provide a copy of your directive to your physician, usual hospital,
12-20    and family or spokesperson.  Consider a periodic review of this
12-21    document.  By periodic review, you can best assure that the
12-22    directive reflects your preferences.
12-23          In addition to this advance directive, Texas law provides for
12-24    two other types of directives that can be important during a
12-25    serious illness.  These are the Medical Power of Attorney and the
12-26    Out-of-Hospital Do-Not-Resuscitate Order.  You may wish to discuss
 13-1    these with your physician, family, hospital representative, or
 13-2    other advisers.  You may also wish to complete a directive related
 13-3    to the donation of organs and tissues.
 13-4                                 DIRECTIVE
 13-5          I, ______________, recognize that the best health care is
 13-6    based upon a partnership of trust and communication with my
 13-7    physician.  My physician and I will make health care decisions
 13-8    together as long as I am of sound mind and able to make my wishes
 13-9    known.  If there comes a time that I am unable to make medical
13-10    decisions about myself because of illness or injury, I direct that
13-11    the following treatment preferences be honored:
13-12          If, in the judgment of my physician, I am suffering with a
13-13    terminal condition from which I am expected to die within six
13-14    months, even with available life-sustaining treatment provided in
13-15    accordance with prevailing standards of medical care:
13-16    ____  I request that all treatments other than those needed to keep
13-17          me comfortable  be discontinued or withheld and my  physician
13-18          allow me to die as gently as possible; OR
13-19    ____  I  request  that I be kept alive in this  terminal  condition
13-20          using  available life-sustaining  treatment.  (THIS SELECTION
13-21          DOES NOT APPLY TO HOSPICE CARE.)
13-22          If, in the judgment of my physician, I am suffering with an
13-23    irreversible condition so that I cannot care for myself or make
13-24    decisions for myself and am expected to die without life-sustaining
13-25    treatment provided in accordance with prevailing standards of care:
 14-1    ____  I request that all treatments other than those needed to keep
 14-2          me comfortable  be discontinued or withheld and my  physician
 14-3          allow me to die as gently as possible; OR
 14-4    ____  I request that I be kept alive in this irreversible condition
 14-5          using  available  life-sustaining  treatment. (THIS SELECTION
 14-6          DOES NOT APPLY TO HOSPICE CARE.)
 14-7          Additional requests:  (After discussion with your physician,
 14-8    you may wish to consider listing particular treatments in this
 14-9    space that you do or do not want in specific circumstances, such as
14-10    artificial nutrition and fluids, intravenous antibiotics, etc.  Be
14-11    sure to state whether you do or do not want the particular
14-12    treatment.)
14-13    ___________________________________________________________________
14-14    ___________________________________________________________________
14-15    ___________________________________________________________________
14-16          After signing this directive, if my representative or I elect
14-17    hospice care, I understand and agree that only those treatments
14-18    needed to keep me comfortable would be provided and I would not be
14-19    given available life-sustaining treatments.
14-20          If I do not have a Medical Power of Attorney, and I am unable
14-21    to make my wishes known, I designate the following person(s) to
14-22    make treatment decisions with my physician compatible with my
14-23    personal values:
14-24    1._____________________
14-25    2._____________________
14-26    (If a Medical Power of Attorney has been executed, then an agent
 15-1    already has been named and you should not list additional names in
 15-2    this document.)
 15-3          If the above persons are not available, or if I have not
 15-4    designated a spokesperson, I understand that a spokesperson will be
 15-5    chosen for me following standards specified in the laws of Texas.
 15-6    If, in the judgment of my physician, my death is imminent within
 15-7    minutes to hours, even with the use of all available medical
 15-8    treatment provided within the prevailing standard of care, I
 15-9    acknowledge that all treatments may be withheld or removed except
15-10    those needed to maintain my comfort.  I understand that under Texas
15-11    law this directive has no effect if I have been diagnosed as
15-12    pregnant.  This directive will remain in effect until I revoke it.
15-13    No other person may do so.
15-14    Signed__________________________________ Date______________________
15-15    City, County, State of Residence __________________________________
15-16          Two competent adult witnesses must sign below, acknowledging
15-17    the signature of the declarant.  The witness designated as Witness
15-18    1 may not be a person designated to make a treatment decision for
15-19    the patient and may not be related to the patient by blood or
15-20    marriage.  This witness may not be entitled to any part of the
15-21    estate and may not have a claim against the estate of the patient.
15-22    This witness may not be the attending physician or an employee of
15-23    the attending physician.  If this witness is an employee of a
15-24    health care facility in which the patient is being cared for, this
15-25    witness may not be involved in providing direct patient care to the
15-26    patient.  This witness may not be an officer, director, partner, or
 16-1    business office employee of a health care facility in which the
 16-2    patient is being cared for or of any parent organization of the
 16-3    health care facility.
 16-4    Witness 1________________________Witness 2_________________________
 16-5    Definitions:
 16-6          "Artificial nutrition and hydration" means the provision of
 16-7    nutrients or fluids by a tube inserted in a vein, under the skin in
 16-8    the subcutaneous tissues, or in the stomach (gastrointestinal
 16-9    tract).
16-10          "Irreversible condition" means a condition, injury, or
16-11    illness:
16-12                (1)  that may be treated, but is never cured or
16-13    eliminated;
16-14                (2)  that leaves a person unable to care for or make
16-15    decisions for the person's own self; and
16-16                (3)  that, without life-sustaining treatment provided
16-17    in accordance with the prevailing standard of medical care, is
16-18    fatal.
16-19          Explanation:  Many serious illnesses such as cancer, failure
16-20    of major organs (kidney, heart, liver, or lung), and serious brain
16-21    disease such as Alzheimer's dementia may be considered irreversible
16-22    early on.  There is no cure, but the patient may be kept alive for
16-23    prolonged periods of time if the patient receives life-sustaining
16-24    treatments.  Late in the course of the same illness, the disease
16-25    may be considered terminal when, even with treatment, the patient
16-26    is expected to die.  You may wish to consider which burdens of
 17-1    treatment you would be willing to accept in an effort to achieve a
 17-2    particular outcome.  This is a very personal decision that you may
 17-3    wish to discuss with your physician, family, or other important
 17-4    persons in your life.
 17-5          "Life-sustaining treatment" means a treatment that, based on
 17-6    reasonable medical judgment, sustains the life of a patient and
 17-7    without which the patient will die.  The term includes both
 17-8    life-sustaining medications and artificial life support such as
 17-9    mechanical breathing machines, kidney dialysis treatment, and
17-10    artificial hydration and nutrition.  The term does not include the
17-11    administration of pain management medication, the performance of a
17-12    medical procedure necessary to provide comfort care, or any other
17-13    medical care provided to alleviate a patient's pain.
17-14          "Terminal condition" means an incurable condition caused by
17-15    injury, disease, or illness that according to reasonable medical
17-16    judgment will produce death within six months, even with available
17-17    life-sustaining treatment provided in accordance with the
17-18    prevailing standard of medical care.
17-19          Explanation:  Many serious illnesses may be considered
17-20    irreversible early in the course of the illness, but they may not
17-21    be considered terminal until the disease is fairly advanced.  In
17-22    thinking about terminal illness and its treatment, you again may
17-23    wish to consider the relative benefits and burdens of treatment and
17-24    discuss your wishes with your physician, family, or other important
17-25    persons in your life.
 18-1                         ["DIRECTIVE TO PHYSICIANS]
 18-2          ["Directive made this __________ day of __________ (month,
 18-3    year).]
 18-4          ["I ________________________, being of sound mind, wilfully
 18-5    and voluntarily make known my desire that my life shall not be
 18-6    artificially prolonged under the circumstances set forth in this
 18-7    directive.]
 18-8          ["1.  If at any time I should have an incurable or
 18-9    irreversible condition caused by injury, disease, or illness
18-10    certified to be a terminal condition by two physicians, and if the
18-11    application of life-sustaining procedures would serve only to
18-12    artificially postpone the moment of my death, and if my attending
18-13    physician determines that my death is imminent or will result
18-14    within a relatively short time without the application of
18-15    life-sustaining procedures, I direct that those procedures be
18-16    withheld  or  withdrawn,  and  that  I  be permitted  to  die
18-17    naturally.]
18-18          ["2.  In the absence of my ability to give directions
18-19    regarding the use of those life-sustaining procedures, it is my
18-20    intention that this directive be honored by my family and
18-21    physicians as the final expression of my legal right to refuse
18-22    medical or surgical treatment and accept the consequences from that
18-23    refusal.]
18-24          ["3.  If I have been diagnosed as pregnant and that diagnosis
18-25    is known to my physician, this directive has no effect during my
18-26    pregnancy.]
 19-1          ["4.  This directive is in effect until it is revoked.]
 19-2          ["5.  I understand the full import of this directive and I am
 19-3    emotionally and mentally competent to make this directive.]
 19-4          ["6.  I understand that I may revoke this directive at any
 19-5    time.]
 19-6            ["Signed _____________________________]
 19-7    [(City, County, and State of Residence)]
 19-8          [I am not a person designated by the declarant to make a
 19-9    treatment decision.  I am not related to the declarant by blood or
19-10    marriage.  I would not be entitled to any portion of the
19-11    declarant's estate on the declarant's death.  I am not the
19-12    attending physician of the declarant or an employee of the
19-13    attending physician.  I have no claim against any portion of the
19-14    declarant's estate on the declarant's death.  Furthermore, if I am
19-15    an employee of a health care facility in which the declarant is a
19-16    patient, I am not involved in providing direct patient care to the
19-17    declarant and am not an officer, director, partner, or  business
19-18    office employee of the health care facility or  of  any  parent
19-19    organization of the health care facility.]
19-20            ["Witness________________________________]
19-21            ["Witness_______________________________"]
19-22          Sec. 166.034 [672.005].  ISSUANCE OF NONWRITTEN DIRECTIVE BY
19-23    COMPETENT ADULT QUALIFIED PATIENT.  (a)  A competent qualified
19-24    patient who is an adult may issue a directive by a nonwritten means
19-25    of communication.
19-26          (b)  A declarant must issue the nonwritten directive in the
 20-1    presence of the attending physician and two witnesses, at least one
 20-2    of whom must be a witness who qualifies under Section 166.003(2).
 20-3    [The witnesses must possess the same qualifications as are required
 20-4    by Section 672.003(c).]
 20-5          (c)  The physician shall make the fact of the existence of
 20-6    the directive a part of the declarant's medical record, and the
 20-7    names of the witnesses shall be entered [sign the entry] in the
 20-8    medical record.
 20-9          Sec. 166.035 [672.006].  EXECUTION OF DIRECTIVE ON BEHALF OF
20-10    PATIENT YOUNGER THAN 18 YEARS OF AGE.  The following persons may
20-11    execute a directive on behalf of a qualified patient who is younger
20-12    than 18 years of age:
20-13                (1)  the patient's spouse, if the spouse is an adult;
20-14                (2)  the patient's parents; or
20-15                (3)  the patient's legal guardian.
20-16          Sec. 166.036.  NOTARIZED DOCUMENT NOT REQUIRED; REQUIREMENT
20-17    OF SPECIFIC FORM PROHIBITED.  (a)  A written directive executed
20-18    under Section 166.033 or 166.035 is effective without regard to
20-19    whether the document has been notarized.
20-20          (b)  A physician, health care facility, or health care
20-21    professional may not require that:
20-22                (1)  a directive be notarized; or
20-23                (2)  a person use a form provided by the physician,
20-24    health care facility, or health care professional.
20-25          Sec. 166.037 [672.007].  PATIENT DESIRE SUPERSEDES DIRECTIVE.
20-26    The desire of a competent qualified patient, including a competent
 21-1    qualified patient younger than 18 years of age, supersedes the
 21-2    effect of a directive.
 21-3          Sec. 166.038 [672.008].  PROCEDURE WHEN DECLARANT IS
 21-4    INCOMPETENT OR INCAPABLE OF COMMUNICATION.  (a)  This section
 21-5    applies when an adult qualified patient has executed or issued a
 21-6    directive and is [comatose,] incompetent[,] or otherwise mentally
 21-7    or physically incapable of communication.
 21-8          (b)  If the adult qualified patient has designated a person
 21-9    to make a treatment decision as authorized by Section 166.032(c)
21-10    [672.003(d)], the attending physician and the designated person may
21-11    make a treatment decision in accordance with the declarant's
21-12    directions [to withhold or withdraw life-sustaining procedures from
21-13    the patient].
21-14          (c)  If the adult qualified patient has not designated a
21-15    person to make a treatment decision, the attending physician shall
21-16    comply with the directive unless the physician believes that the
21-17    directive does not reflect the patient's present desire.
21-18          Sec. 166.039 [672.009].  PROCEDURE WHEN PERSON HAS NOT
21-19    EXECUTED OR ISSUED A DIRECTIVE AND IS INCOMPETENT OR INCAPABLE OF
21-20    COMMUNICATION.  (a)  If an adult qualified patient has not executed
21-21    or issued a directive and is [comatose,] incompetent[,] or
21-22    otherwise mentally or physically incapable of communication, the
21-23    attending physician and the patient's legal guardian or an agent
21-24    under a medical power of attorney may make a treatment decision
21-25    that may include a decision to withhold or withdraw life-sustaining
21-26    treatment [procedures] from the patient.
 22-1          (b)  If the patient does not have a legal guardian or an
 22-2    agent under a medical power of attorney, the attending physician
 22-3    and one person, if available, from one [at least two persons, if
 22-4    available,] of the following categories, in the following priority,
 22-5    may make a treatment decision that may include a decision to
 22-6    withhold or withdraw life-sustaining treatment [procedures]:
 22-7                (1)  the patient's spouse;
 22-8                (2)  [a majority of] the patient's reasonably available
 22-9    adult children;
22-10                (3)  the patient's parents; or
22-11                (4)  the patient's nearest living relative.
22-12          (c)  A treatment decision made under Subsection (a) or (b)
22-13    must be based on knowledge of what the patient would desire, if
22-14    known.
22-15          (d)  A treatment decision made under Subsection (b) must be
22-16    documented in the patient's medical record and signed by the
22-17    attending physician.
22-18          (e)  If the patient does not have a legal guardian and a
22-19    person listed in Subsection (b) is not available, a treatment
22-20    decision made under Subsection (b) must be concurred in [witnessed]
22-21    by another physician who is not involved in the treatment of the
22-22    patient or who is a representative of an ethics or medical
22-23    committee of the health care facility in which the person is a
22-24    patient.
22-25          (f)  The fact that an adult qualified patient has not
22-26    executed or issued a directive does not create a presumption that
 23-1    the patient does not want a treatment decision to be made to
 23-2    withhold or withdraw life-sustaining treatment [procedures].
 23-3          (g)  A person listed in Subsection (b) who wishes to
 23-4    challenge a treatment decision made under this section must apply
 23-5    for temporary guardianship under Section 875, Texas Probate Code.
 23-6    The court may waive applicable fees in that proceeding.
 23-7          Sec. 166.040 [672.010].  PATIENT CERTIFICATION AND
 23-8    PREREQUISITES FOR COMPLYING WITH DIRECTIVE.  (a)  An attending
 23-9    physician who has been notified of the existence of a directive
23-10    shall provide for the declarant's certification as a qualified
23-11    patient on diagnosis of a terminal or irreversible condition.
23-12          (b)  Before withholding or withdrawing life-sustaining
23-13    treatment [procedures] from a qualified patient under this
23-14    subchapter [chapter], the attending physician must[:]
23-15                [(1)  determine that the patient's death is imminent or
23-16    will result within a relatively short time without application of
23-17    those procedures;]
23-18                [(2)  note that determination in the patient's medical
23-19    record; and]
23-20                [(3)]  determine that the steps proposed to be taken
23-21    are in accord with this subchapter [chapter] and the patient's
23-22    existing desires.
23-23          Sec. 166.041 [672.011].  DURATION OF DIRECTIVE.  A directive
23-24    is effective until it is revoked as prescribed by Section 166.042
23-25    [672.012].
23-26          Sec. 166.042 [672.012].  REVOCATION OF DIRECTIVE.  (a)  A
 24-1    declarant may revoke a directive at any time without regard to the
 24-2    declarant's mental state or competency.  A directive may be revoked
 24-3    by:
 24-4                (1)  the declarant or someone in the declarant's
 24-5    presence and at the declarant's direction canceling, defacing,
 24-6    obliterating, burning, tearing, or otherwise destroying the
 24-7    directive;
 24-8                (2)  the declarant signing and dating a written
 24-9    revocation that expresses the declarant's intent to revoke the
24-10    directive; or
24-11                (3)  the declarant orally stating the declarant's
24-12    intent to revoke the directive.
24-13          (b)  A written revocation executed as prescribed by
24-14    Subsection (a)(2) takes effect only when the declarant or a person
24-15    acting on behalf of the declarant notifies the attending physician
24-16    of its existence or mails the revocation to the attending
24-17    physician.  The attending physician or the physician's designee
24-18    shall record in the patient's medical record the time and date when
24-19    the physician received notice of the written revocation and shall
24-20    enter the word "VOID" on each page of the copy of the directive in
24-21    the patient's medical record.
24-22          (c)  An oral revocation issued as prescribed by Subsection
24-23    (a)(3) takes effect only when the declarant or a person acting on
24-24    behalf of the declarant notifies the attending physician of the
24-25    revocation.  The attending physician or the physician's designee
24-26    shall record in the patient's medical record the time, date, and
 25-1    place of the revocation, and, if different, the time, date, and
 25-2    place that the physician received notice of the revocation.  The
 25-3    attending physician or the physician's designees shall also enter
 25-4    the word "VOID" on each page of the copy of the directive in the
 25-5    patient's medical record.
 25-6          (d)  Except as otherwise provided by this subchapter
 25-7    [chapter], a person is not civilly or criminally liable for failure
 25-8    to act on a revocation made under this section unless the person
 25-9    has actual knowledge of the revocation.
25-10          Sec. 166.043 [672.013].  REEXECUTION OF DIRECTIVE.  A
25-11    declarant may at any time reexecute a directive in accordance with
25-12    the procedures prescribed by Section 166.032 [672.003], including
25-13    reexecution after the declarant is diagnosed as having a terminal
25-14    or irreversible condition.
25-15          [Sec. 672.014.  EFFECT OF DIRECTIVE ON INSURANCE POLICY AND
25-16    PREMIUMS.  (a)  The fact that a person has executed or issued a
25-17    directive under this chapter does not:]
25-18                [(1)  restrict, inhibit, or impair in any manner the
25-19    sale, procurement, or issuance of a life insurance policy to that
25-20    person; or]
25-21                [(2)  modify the terms of an existing life insurance
25-22    policy.]
25-23          [(b)  Notwithstanding the terms of any life insurance policy,
25-24    the fact that life-sustaining procedures are withheld or withdrawn
25-25    from an insured qualified patient under this chapter does not
25-26    legally impair or invalidate that person's life insurance policy.]
 26-1          [(c)  A physician, health facility, health provider, insurer,
 26-2    or health care service plan may not require a person to execute or
 26-3    issue a directive as a condition for obtaining insurance for health
 26-4    care services or receiving health care services.]
 26-5          [(d)  The fact that a person has executed or issued or failed
 26-6    to execute or issue a directive under this chapter may not be
 26-7    considered in any way in establishing insurance premiums.]
 26-8          Sec. 166.044 [672.015].  LIMITATION OF LIABILITY FOR
 26-9    WITHHOLDING OR WITHDRAWING LIFE-SUSTAINING PROCEDURES.  (a)  A
26-10    physician or health care facility that causes life-sustaining
26-11    treatment [procedures] to be withheld or withdrawn from a qualified
26-12    patient in accordance with this subchapter [chapter] is not civilly
26-13    liable for that action unless the physician or health care facility
26-14    fails to exercise reasonable care when applying the patient's
26-15    advance directive [negligent].
26-16          (b)  A health professional, acting under the direction of a
26-17    physician, who participates in withholding or withdrawing
26-18    life-sustaining treatment [procedures] from a qualified patient in
26-19    accordance with this subchapter [chapter] is not civilly liable for
26-20    that action unless the health professional fails to exercise
26-21    reasonable care when applying the patient's advance directive
26-22    [negligent].
26-23          (c)  A physician, or a health professional acting under the
26-24    direction of a physician, who participates in withholding or
26-25    withdrawing life-sustaining treatment [procedures] from a qualified
26-26    patient in accordance with this subchapter [chapter] is not
 27-1    criminally liable or guilty of unprofessional conduct as a result
 27-2    of that action unless the physician or health professional fails to
 27-3    exercise reasonable care when applying the patient's advance
 27-4    directive [negligent].
 27-5          (d)  The standard of care that a physician, health care
 27-6    facility, or health care professional shall exercise under this
 27-7    section is that degree of care that a physician, health care
 27-8    facility, or health care professional, as applicable, of ordinary
 27-9    prudence and skill would have exercised under the same or similar
27-10    circumstances in the same or a similar community.
27-11          Sec. 166.045 [672.016].  [LIMITATION OF] LIABILITY FOR
27-12    FAILURE TO EFFECTUATE DIRECTIVE.  (a)  A physician, health care
27-13    facility, or health care professional who has no knowledge of a
27-14    directive is not civilly or criminally liable for failing to act in
27-15    accordance with the directive.
27-16          (b)  A physician, or a health professional acting under the
27-17    direction of a physician, is subject to review and disciplinary
27-18    action by the appropriate licensing board [not civilly or
27-19    criminally liable] for failing to effectuate a qualified patient's
27-20    directive in violation of this subchapter or other laws of this
27-21    state.  This subsection does not limit remedies available under
27-22    other laws of this state.
27-23          (c)  If an attending physician refuses to comply with a
27-24    directive or treatment decision and does not wish to follow the
27-25    procedure established under Section 166.046, life-sustaining
27-26    treatment shall be provided to the patient, but only until a
 28-1    reasonable opportunity has been afforded for the [physician shall
 28-2    make a reasonable effort to] transfer of the patient to another
 28-3    physician or health care facility willing to comply with the
 28-4    directive or treatment decision.
 28-5          (d)  A physician, health professional acting under the
 28-6    direction of a physician, or health care facility is not civilly or
 28-7    criminally liable or subject to review or disciplinary action by
 28-8    the person's appropriate licensing board if the person has complied
 28-9    with the procedures outlined in Section 166.046.
28-10          Sec. 166.046.  PROCEDURE IF NOT EFFECTUATING A DIRECTIVE.
28-11    (a)  If an attending physician refuses to honor a patient's advance
28-12    directive or a treatment decision under Section 166.039, the
28-13    physician's refusal shall be reviewed by an ethics or medical
28-14    committee.  The attending physician may not be a member of that
28-15    committee.  The patient shall be given life-sustaining treatment
28-16    during the review.
28-17          (b)  The patient or the person responsible for the health
28-18    care decisions of the individual who has made the decision
28-19    regarding the directive or treatment decision:
28-20                (1)  shall be informed of the committee review process
28-21    not less than 48 hours before the meeting called to discuss the
28-22    patient's directive, unless the time period is waived by mutual
28-23    agreement; and
28-24                (2)  is entitled to:
28-25                      (A)  attend the meeting; and
28-26                      (B)  receive a written explanation of the
 29-1    decision reached during the review process.
 29-2          (c)  The written explanation required by Subsection (b)(2)(B)
 29-3    must be included in the patient's medical record.
 29-4          (d)  If the attending physician, the patient, or the person
 29-5    responsible for the health care decisions of the individual does
 29-6    not agree with the decision reached during the review process under
 29-7    Subsection (b), the physician shall make a reasonable effort to
 29-8    transfer the patient to a physician who is willing to comply with
 29-9    the directive.  If the patient is a patient in a health care
29-10    facility, the facility's personnel shall assist the physician in
29-11    arranging the patient's transfer to:
29-12                (1)  another physician;
29-13                (2)  an alternative care setting within that facility;
29-14    or
29-15                (3)  another facility.
29-16          (e)  If the patient is requesting life-sustaining treatment
29-17    that the attending physician and the review process have decided is
29-18    inappropriate treatment, the patient shall be given available
29-19    life-sustaining treatment pending transfer under Subsection (d).
29-20    The patient is responsible for any costs incurred in transferring
29-21    the patient to another facility.  The physician and the health care
29-22    facility are not obligated to provide life-sustaining treatment
29-23    after the 10th day after the written decision required under
29-24    Subsection (b) is provided to the patient or the person responsible
29-25    for the health care decisions of the patient unless ordered to do
29-26    so under Subsection (g).
 30-1          (f)  Life-sustaining treatment under this section may not be
 30-2    entered in the patient's medical record as medically unnecessary
 30-3    treatment until the time period provided under Subsection (e) has
 30-4    expired.
 30-5          (g)  At the request of the patient or the person responsible
 30-6    for the health care decisions of the patient, the appropriate
 30-7    district or county court shall extend the time period provided
 30-8    under Subsection (e) only if the court finds, by a preponderance of
 30-9    the evidence, that there is a reasonable expectation that a
30-10    physician or health care facility that will honor the patient's
30-11    directive will be found if the time extension is granted.
30-12          (h)  This section may not be construed to impose an
30-13    obligation on a facility or a home and community support services
30-14    agency licensed under Chapter 142 or similar organization that is
30-15    beyond the scope of the services or resources of the facility or
30-16    agency.  This section does not apply to hospice services provided
30-17    by a home and community support services agency licensed under
30-18    Chapter 142.
30-19          Sec. 166.047 [672.017].  HONORING DIRECTIVE DOES NOT
30-20    CONSTITUTE OFFENSE OF AIDING SUICIDE.  A person does not commit an
30-21    offense under Section 22.08, Penal Code, by withholding or
30-22    withdrawing life-sustaining treatment [procedures] from a qualified
30-23    patient in accordance with this subchapter [chapter].
30-24          Sec. 166.048 [672.018].  CRIMINAL PENALTY; PROSECUTION.
30-25    (a)  A person commits an offense if the person intentionally
30-26    conceals, cancels, defaces, obliterates, or damages another
 31-1    person's directive without that person's consent.  An offense under
 31-2    this subsection is a Class A misdemeanor.
 31-3          (b)  A person is subject to prosecution for criminal homicide
 31-4    under Chapter 19, Penal Code, if the person, with the intent to
 31-5    cause life-sustaining treatment [procedures] to be withheld or
 31-6    withdrawn from another person contrary to the other person's
 31-7    desires, falsifies or forges a directive or intentionally conceals
 31-8    or withholds personal knowledge of a revocation and thereby
 31-9    directly causes life-sustaining treatment [procedures] to be
31-10    withheld or withdrawn from the other person with the result that
31-11    the other person's death is hastened.
31-12          Sec. 166.049 [672.019].  PREGNANT PATIENTS.  A person may not
31-13    withdraw or withhold life-sustaining treatment [procedures] under
31-14    this subchapter [chapter] from a pregnant patient.
31-15          Sec. 166.050 [672.020].  MERCY KILLING NOT CONDONED.  This
31-16    subchapter [chapter] does not condone, authorize, or approve mercy
31-17    killing or permit an affirmative or deliberate act or omission to
31-18    end life except to permit the natural process of dying as provided
31-19    by this subchapter [chapter].
31-20          Sec. 166.051 [672.021].  LEGAL RIGHT OR RESPONSIBILITY NOT
31-21    AFFECTED.  This subchapter [chapter] does not impair or supersede
31-22    any legal right or responsibility a person may have to effect the
31-23    withholding or withdrawal of life-sustaining treatment [procedures]
31-24    in a lawful manner, provided that if an attending physician or
31-25    health care facility is unwilling to honor a patient's advance
31-26    directive or a treatment decision to provide life-sustaining
 32-1    treatment, life-sustaining treatment is required to be provided the
 32-2    patient, but only until a reasonable opportunity has been afforded
 32-3    for transfer of the patient to another physician or health care
 32-4    facility willing to comply with the advance directive or treatment
 32-5    decision.
 32-6          SECTION 1.04.  Chapter 674, Health and Safety Code, is
 32-7    transferred to Subtitle H, Title 2, Health and Safety Code, is
 32-8    redesignated as Subchapter C, Chapter 166, Health and Safety Code,
 32-9    and is amended to read as follows:
32-10               SUBCHAPTER C [CHAPTER 674].  OUT-OF-HOSPITAL
32-11                         DO-NOT-RESUSCITATE ORDERS
32-12          Sec. 166.081 [674.001].  DEFINITIONS.  In this subchapter
32-13    [chapter]:
32-14                (1)  ["Attending physician" means the physician who has
32-15    primary responsibility for a person's treatment and care.]
32-16                [(2)  "Board" means the Texas Board of Health.]
32-17                [(3)]  "Cardiopulmonary resuscitation" means any
32-18    medical intervention used to restore circulatory or respiratory
32-19    function that has ceased [includes a component of cardiopulmonary
32-20    resuscitation].
32-21                (2) [(4)  "Competent" means possessing the ability,
32-22    based on reasonable medical judgment, to understand and appreciate
32-23    the nature and consequences of a treatment decision, including the
32-24    significant benefits and harms of, and reasonable alternatives to,
32-25    a proposed treatment decision.]
32-26                [(5)  "Declarant" means a person who has executed or
 33-1    issued an out-of-hospital do-not-resuscitate order under this
 33-2    chapter.]
 33-3                [(6)  "Department" means the Texas Department of
 33-4    Health.]
 33-5                [(7)]  "DNR identification device" means an
 33-6    identification device specified by the board under Section 166.101
 33-7    [674.023] that is worn for the purpose of identifying a person who
 33-8    has executed or issued an out-of-hospital DNR order or on whose
 33-9    behalf an out-of-hospital DNR order has been executed or issued
33-10    under this subchapter [chapter].
33-11                (3) [(8)  "Durable power of attorney for health care"
33-12    means a document delegating to an agent the authority to make
33-13    health care decisions for a person in accordance with Chapter 135,
33-14    Civil Practice and Remedies Code.]
33-15                [(9)]  "Emergency medical services" has the meaning
33-16    assigned by Section 773.003.
33-17                (4) [(10)]  "Emergency medical services personnel" has
33-18    the meaning assigned by Section 773.003.
33-19                (5) [(11)]  "Health care professionals" means
33-20    physicians, nurses, and emergency medical services personnel and,
33-21    unless the context requires otherwise, includes hospital emergency
33-22    personnel.
33-23                (6) [(12)  "Incompetent" means lacking the ability,
33-24    based on reasonable medical judgment, to understand and appreciate
33-25    the nature and consequences of a treatment decision, including the
33-26    significant benefits and harms of, and reasonable alternatives to,
 34-1    a proposed treatment decision.]
 34-2                [(13)  "Life-sustaining procedure" means a medical
 34-3    procedure, treatment, or intervention that uses mechanical or other
 34-4    artificial means to sustain, restore, or supplant a spontaneous
 34-5    vital function and, when applied to a person in a terminal
 34-6    condition, serves only to prolong the process of dying.  The term
 34-7    does not include the administration of medication or the
 34-8    performance of a medical procedure considered to be necessary to
 34-9    provide comfort or care or to alleviate pain or the provision of
34-10    water or nutrition.]
34-11                [(14)]  "Out-of-hospital DNR order":
34-12                      (A)  means a legally binding out-of-hospital
34-13    do-not-resuscitate order, in the form specified by the board under
34-14    Section 166.083 [674.003], prepared and signed by the attending
34-15    physician of a person [who has been diagnosed as having a terminal
34-16    condition], that documents the instructions of a person or the
34-17    person's legally authorized representative and directs health care
34-18    professionals acting in an out-of-hospital setting not to initiate
34-19    or continue the following life-sustaining treatment [procedures]:
34-20                            (i)  cardiopulmonary resuscitation;
34-21                            (ii)  [endotracheal intubation or other
34-22    means of] advanced airway management;
34-23                            (iii)  artificial ventilation;
34-24                            (iv)  defibrillation;
34-25                            (v)  transcutaneous cardiac pacing; and
34-26                            (vi)  [the administration of cardiac
 35-1    resuscitation medications; and]
 35-2                            [(vii)]  other life-sustaining treatment
 35-3    [procedures] specified by the board under Section 166.101(a)
 35-4    [674.023(a)]; and
 35-5                      (B)  does not include authorization to withhold
 35-6    medical interventions or therapies considered necessary to provide
 35-7    comfort [or] care or to alleviate pain or to provide water or
 35-8    nutrition.
 35-9                (7) [(15)]  "Out-of-hospital setting" means a location
35-10    [any setting outside of a licensed acute care hospital] in which
35-11    health care professionals are called for assistance, including
35-12    long-term care facilities, in-patient hospice facilities, private
35-13    homes, hospital outpatient or emergency departments, physician's
35-14    offices, and vehicles during transport.
35-15                (8) [(16)  "Physician" means a physician licensed by
35-16    the Texas State Board of Medical Examiners or a properly
35-17    credentialed physician who holds a commission in the uniformed
35-18    services of the United States and who is serving on active duty in
35-19    this state.]
35-20                [(17)]  "Proxy" means a person designated and
35-21    authorized by a directive executed or issued in accordance with
35-22    Subchapter B [Chapter 672] to make a treatment decision for another
35-23    person in the event the other person becomes [comatose,]
35-24    incompetent[,] or otherwise mentally or physically incapable of
35-25    communication.
35-26                (9) [(18)]  "Qualified relatives" means those persons
 36-1    authorized to execute or issue an out-of-hospital DNR order on
 36-2    behalf of a person who is [comatose,] incompetent[,] or otherwise
 36-3    mentally or physically incapable of communication under Section
 36-4    166.088 [674.008].
 36-5                (10) [(19)]  "Statewide out-of-hospital DNR protocol"
 36-6    means a set of statewide standardized procedures adopted by the
 36-7    board under Section 166.101(a) [674.023] for withholding
 36-8    cardiopulmonary resuscitation and certain other life-sustaining
 36-9    treatment [procedures] by health care professionals acting in
36-10    out-of-hospital settings.
36-11                [(20)  "Terminal condition" means an incurable or
36-12    irreversible condition caused by injury, disease, or illness that
36-13    would produce death without the application of life-sustaining
36-14    procedures, according to reasonable medical judgment, and in which
36-15    the application of life-sustaining procedures serves only to
36-16    postpone the moment of the person's death.]
36-17          Sec. 166.082 [674.002].  OUT-OF-HOSPITAL DNR ORDER; DIRECTIVE
36-18    TO PHYSICIANS.  (a)  A competent person [who has been diagnosed by
36-19    a physician as having a terminal condition] may at any time execute
36-20    a written out-of-hospital DNR order directing health care
36-21    professionals acting in an out-of-hospital setting to withhold
36-22    cardiopulmonary resuscitation and certain other life-sustaining
36-23    treatment [procedures] designated by the board.
36-24          (b)  The declarant must sign the out-of-hospital DNR order in
36-25    the presence of two witnesses, at least one of whom must be a
36-26    witness who qualifies under Section 166.003(2).  The [and those]
 37-1    witnesses must sign the order.  The attending physician of the
 37-2    declarant must sign the order and shall make the fact of the
 37-3    existence of the order and the reasons for execution of the order a
 37-4    part of the declarant's medical record.
 37-5          (c)  [A witness must have the same qualifications as those
 37-6    provided by Section 672.003(c).]
 37-7          [(d)]  If the person is incompetent but previously executed
 37-8    or issued a directive to physicians in accordance with Subchapter B
 37-9    [Chapter 672], the physician may rely on the directive as the
37-10    person's instructions to issue an out-of-hospital DNR order and
37-11    shall place a copy of the directive in the person's medical record.
37-12    The physician shall sign the order in lieu of the person signing
37-13    under Subsection (b).
37-14          (d) [(e)]  If the person is incompetent but previously
37-15    executed or issued a directive to physicians in accordance with
37-16    Subchapter B [Chapter 672] designating a proxy, the proxy may make
37-17    any decisions required of the designating person as to an
37-18    out-of-hospital DNR order and shall sign the order in lieu of the
37-19    person signing under Subsection (b).
37-20          (e) [(f)]  If the person is now incompetent but previously
37-21    executed or issued a medical [durable] power of attorney [for
37-22    health care in accordance with Chapter 135, Civil Practice and
37-23    Remedies Code,] designating an agent, the agent may make any
37-24    decisions required of the designating person as to an
37-25    out-of-hospital DNR order and shall sign the order in lieu of the
37-26    person signing under Subsection (b).
 38-1          (f) [(g)]  The board, on the recommendation of the
 38-2    department, shall by rule adopt procedures for the disposition and
 38-3    maintenance of records of an original out-of-hospital DNR order and
 38-4    any copies of the order.
 38-5          (g) [(h)]  An out-of-hospital DNR order is effective on its
 38-6    execution.
 38-7          Sec. 166.083 [674.003].  FORM OF OUT-OF-HOSPITAL DNR ORDER.
 38-8    (a)  A written out-of-hospital DNR order shall be in the standard
 38-9    form specified by board rule as recommended by the department.
38-10          (b)  The standard form of an out-of-hospital DNR order
38-11    specified by the board must, at a minimum, contain the following:
38-12                (1)  a distinctive single-page format that readily
38-13    identifies the document as an out-of-hospital DNR order;
38-14                (2)  a title that readily identifies the document as an
38-15    out-of-hospital DNR order;
38-16                (3)  the printed or typed name of the person;
38-17                (4)  a statement that the physician signing the
38-18    document is the attending physician of the person[, that the
38-19    physician has diagnosed the person as having a terminal condition,]
38-20    and that the physician is directing health care professionals
38-21    acting in out-of-hospital settings, including a hospital emergency
38-22    department, not to initiate or continue certain life-sustaining
38-23    treatment [procedures] on behalf of the person, and a listing of
38-24    those procedures not to be initiated or continued;
38-25                (5)  a statement that the person understands that the
38-26    person may revoke the out-of-hospital DNR order at any time by
 39-1    destroying the order and removing the DNR identification device, if
 39-2    any, or by communicating to health care professionals at the scene
 39-3    the person's desire to revoke the out-of-hospital DNR order;
 39-4                (6)  places for the printed names and signatures of the
 39-5    witnesses and attending physician of the person and the medical
 39-6    license number of the attending physician;
 39-7                (7)  a separate section for execution of the document
 39-8    by the legal guardian of the person, the person's proxy, an agent
 39-9    of the person having a medical [durable] power of attorney [for
39-10    health care], or the attending physician attesting to the issuance
39-11    of an out-of-hospital DNR order by nonwritten means of
39-12    communication or acting in accordance with a previously executed or
39-13    previously issued directive to physicians under Section 166.082(c)
39-14    [674.002(d)] that includes the following:
39-15                      (A)  a statement that the legal guardian, the
39-16    proxy, the agent, the person by nonwritten means of communication,
39-17    or the physician directs that each [the] listed life-sustaining
39-18    treatment [procedures] should not be initiated or continued in
39-19    behalf of the person; and
39-20                      (B)  places for the printed names and signatures
39-21    of the witnesses and, as applicable, the legal guardian, proxy,
39-22    agent, or physician;
39-23                (8)  a separate section for execution of the document
39-24    by at least one [two] qualified relative [relatives] of the person
39-25    when the person does not have a legal guardian, proxy, or agent
39-26    having a medical [durable] power of attorney [for health care] and
 40-1    is [comatose,] incompetent[,] or otherwise mentally or physically
 40-2    incapable of communication, including:
 40-3                      (A)  a statement that the relative [relatives] of
 40-4    the person is [are] qualified to make a treatment decision to
 40-5    withhold cardiopulmonary resuscitation and certain other designated
 40-6    life-sustaining treatment [procedures] under Section 166.088
 40-7    [674.008] and, based on the known desires of the person or a
 40-8    determination of the best interest of the person, directs [direct]
 40-9    that each [the] listed life-sustaining treatment [procedures]
40-10    should not be initiated or continued in behalf of the person; and
40-11                      (B)  places for the printed names and signatures
40-12    of the witnesses and qualified relative [relatives] of the person;
40-13                (9)  a place for entry of the date of execution of the
40-14    document;
40-15                (10)  a statement that the document is in effect on the
40-16    date of its execution and remains in effect until the death of the
40-17    person or until the document is revoked;
40-18                (11)  a statement that the document must accompany the
40-19    person during transport;
40-20                (12)  a statement regarding the proper disposition of
40-21    the document or copies of the document, as the board determines
40-22    appropriate; and
40-23                (13)  a statement at the bottom of the document, with
40-24    places for the signature of each person executing the document,
40-25    that the document has been properly completed.
40-26          (c)  The board may, by rule and as recommended by the
 41-1    department, modify the standard form of the out-of-hospital DNR
 41-2    order described by Subsection (b) in order to accomplish the
 41-3    purposes of this subchapter [chapter].
 41-4          (d)  A photocopy or other complete facsimile of the original
 41-5    written out-of-hospital DNR order executed under this subchapter
 41-6    may be used for any purpose for which the original written order
 41-7    may be used under this subchapter.
 41-8          Sec. 166.084 [674.004].  ISSUANCE OF OUT-OF-HOSPITAL DNR
 41-9    ORDER BY NONWRITTEN COMMUNICATION.  (a)  A competent person who is
41-10    an adult may issue an out-of-hospital DNR order by nonwritten
41-11    communication.
41-12          (b)  A declarant must issue the nonwritten out-of-hospital
41-13    DNR order in the presence of the attending physician and two
41-14    witnesses, at least one of whom must be a witness who qualifies
41-15    under Section 166.003(2).  [The witnesses must possess the same
41-16    qualifications as those provided by Section 672.003(c).]
41-17          (c)  The attending physician and witnesses shall sign the
41-18    out-of-hospital DNR order in the [that] place of the document
41-19    provided by Section 166.083(b)(7) [674.003(b)(7)] and the attending
41-20    physician shall sign the document in the place required by Section
41-21    166.083(b)(13) [674.003(b)(13)].  The physician shall make the fact
41-22    of the existence of the out-of-hospital DNR order a part of the
41-23    declarant's medical record and the names of the witnesses shall be
41-24    entered [sign that entry] in the medical record.
41-25          (d)  An out-of-hospital DNR order issued in the manner
41-26    provided by this section is valid and shall be honored by
 42-1    responding health care professionals as if executed in the manner
 42-2    provided by Section 166.082 [674.002].
 42-3          Sec. 166.085 [674.005].  EXECUTION OF OUT-OF-HOSPITAL DNR
 42-4    ORDER ON BEHALF OF A MINOR.  The following persons may execute an
 42-5    out-of-hospital DNR order on behalf of a minor:
 42-6                (1)  the minor's parents;
 42-7                (2)  the minor's legal guardian; or
 42-8                (3)  the minor's managing conservator.
 42-9          Sec. 166.086 [674.006].  DESIRE OF PERSON SUPERSEDES
42-10    OUT-OF-HOSPITAL DNR ORDER.  The desire of a competent person,
42-11    including a competent minor, supersedes the effect of an
42-12    out-of-hospital DNR order executed or issued by or on behalf of the
42-13    person when the desire is communicated to responding health care
42-14    professionals as provided by this subchapter [chapter].
42-15          Sec. 166.087 [674.007].  PROCEDURE WHEN DECLARANT IS
42-16    INCOMPETENT OR INCAPABLE OF COMMUNICATION.  (a)  This section
42-17    applies when a person 18 years of age or older has executed or
42-18    issued an out-of-hospital DNR order and subsequently becomes
42-19    [comatose,] incompetent[,] or otherwise mentally or physically
42-20    incapable of communication.
42-21          (b)  If the adult person has designated a person to make a
42-22    treatment decision as authorized by Section 166.032(c)
42-23    [672.003(d)], the attending physician and the designated person
42-24    shall comply with the out-of-hospital DNR order.
42-25          (c)  If the adult person has not designated a person to make
42-26    a treatment decision as authorized by Section 166.032(c)
 43-1    [672.003(d)], the attending physician shall comply with the
 43-2    out-of-hospital DNR order unless the physician believes that the
 43-3    order does not reflect the person's present desire.
 43-4          Sec. 166.088 [674.008].  PROCEDURE WHEN PERSON HAS NOT
 43-5    EXECUTED OR ISSUED OUT-OF-HOSPITAL DNR ORDER AND IS INCOMPETENT OR
 43-6    INCAPABLE OF COMMUNICATION.  (a)  If an adult person has not
 43-7    executed or issued an out-of-hospital DNR order and is [comatose,]
 43-8    incompetent[,] or otherwise mentally or physically incapable of
 43-9    communication, the attending physician and the person's legal
43-10    guardian, proxy, or agent having a medical [durable] power of
43-11    attorney [for health care] may execute an out-of-hospital DNR order
43-12    on behalf of the person.
43-13          (b)  If the person does not have a legal guardian, proxy, or
43-14    agent under a medical power of attorney, the attending physician
43-15    and at least one [two] qualified relative from a category listed by
43-16    Section 166.039(b), subject to the priority established under that
43-17    subsection, [relatives] may execute an out-of-hospital DNR order in
43-18    the same manner as a treatment decision made under Section
43-19    166.039(b) [672.009(b)].
43-20          (c)  A decision to execute an out-of-hospital DNR order made
43-21    under Subsection (a) or (b) must be based on knowledge of what the
43-22    person would desire, if known.
43-23          (d)  An out-of-hospital DNR order executed under Subsection
43-24    (b) must be made in the presence of at least two witnesses, at
43-25    least one of whom must be a witness who qualifies under Section
43-26    166.003(2) [who possess the same qualifications that are required
 44-1    by Section 672.003(c)].
 44-2          (e)  The fact that an adult person has not executed or issued
 44-3    an out-of-hospital DNR order does not create a presumption that the
 44-4    person does not want a treatment decision made to withhold
 44-5    cardiopulmonary resuscitation and certain other designated
 44-6    life-sustaining treatment [procedures] designated by the board.
 44-7          (f)  If there is not a qualified relative available to act
 44-8    for the person under Subsection (b), an out-of-hospital DNR order
 44-9    must be concurred in by another physician who is not involved in
44-10    the treatment of the patient or who is a representative of the
44-11    ethics or medical committee of the health care facility in which
44-12    the person is a patient.
44-13          (g)  A person listed in Section 166.039(b) who wishes to
44-14    challenge a decision made under this section must apply for
44-15    temporary guardianship under Section 875, Texas Probate Code.  The
44-16    court may waive applicable fees in that proceeding.
44-17          Sec. 166.089 [674.009].  COMPLIANCE WITH OUT-OF-HOSPITAL DNR
44-18    ORDER.  (a)  When responding to a call for assistance, health care
44-19    professionals shall honor an out-of-hospital DNR order in
44-20    accordance with the statewide out-of-hospital DNR protocol and,
44-21    where applicable, locally adopted out-of-hospital DNR protocols not
44-22    in conflict with the statewide protocol if:
44-23                (1)  the responding health care professionals discover
44-24    an executed or issued out-of-hospital DNR order form on their
44-25    arrival at the scene; and
44-26                (2)  the responding health care professionals comply
 45-1    with this section.
 45-2          (b)  If the person is wearing a DNR identification device,
 45-3    the responding health care professionals must comply with Section
 45-4    166.090 [674.010].
 45-5          (c)  The responding health care professionals must establish
 45-6    the identity of the person as the person who executed or issued the
 45-7    out-of-hospital DNR order or for whom the out-of-hospital DNR order
 45-8    was executed or issued.
 45-9          (d)  The responding health care professionals must determine
45-10    that the out-of-hospital DNR order form appears to be valid in that
45-11    it includes:
45-12                (1)  written responses in the places designated on the
45-13    form for the names, signatures, and other information required of
45-14    persons executing or issuing, or witnessing the execution or
45-15    issuance of, the order;
45-16                (2)  a date in the place designated on the form for the
45-17    date the order was executed or issued; and
45-18                (3)  the signature of the declarant or persons
45-19    executing or issuing the order and the attending physician in the
45-20    appropriate places designated on the form for indicating that the
45-21    order form has been properly completed.
45-22          (e)  If the conditions prescribed by Subsections (a) through
45-23    (d) are not determined to apply by the responding health care
45-24    professionals at the scene, the out-of-hospital DNR order may not
45-25    be honored and life-sustaining procedures otherwise required by law
45-26    or local emergency medical services protocols shall be initiated or
 46-1    continued.  Health care professionals acting in out-of-hospital
 46-2    settings are not required to accept or interpret an out-of-hospital
 46-3    DNR order that does not meet the requirements of this subchapter
 46-4    [chapter].
 46-5          (f)  The out-of-hospital DNR order form or a copy of the
 46-6    form, when available, must accompany the person during transport.
 46-7          (g)  A record shall be made and maintained of the
 46-8    circumstances of each emergency medical services response in which
 46-9    an out-of-hospital DNR order or DNR identification device is
46-10    encountered, in accordance with the statewide out-of-hospital DNR
46-11    protocol and any applicable local out-of-hospital DNR protocol not
46-12    in conflict with the statewide protocol.
46-13          (h)  An out-of-hospital DNR order executed or issued and
46-14    documented or evidenced in the manner prescribed by this subchapter
46-15    [chapter] is valid and shall be honored by responding health care
46-16    professionals unless the person or persons found at the scene:
46-17                (1)  identify themselves as the declarant or as the
46-18    attending physician, legal guardian, qualified relative, or agent
46-19    of the person having a medical [durable] power of attorney [for
46-20    health care] who executed or issued the out-of-hospital DNR order
46-21    on behalf of the person; and
46-22                (2)  request that cardiopulmonary resuscitation or
46-23    certain other life-sustaining treatment [procedures] designated by
46-24    the board be initiated or continued.
46-25          (i)  If the policies of a health care facility preclude
46-26    compliance with the out-of-hospital DNR order of a person or an
 47-1    out-of-hospital DNR order issued by an attending physician on
 47-2    behalf of a person who is admitted to or a resident of the
 47-3    facility, or if the facility is unwilling to accept DNR
 47-4    identification devices as evidence of the existence of an
 47-5    out-of-hospital DNR order, that facility shall take all reasonable
 47-6    steps to notify the person or, if the person is incompetent, the
 47-7    person's guardian or the person or persons having authority to make
 47-8    health care treatment decisions on behalf of the person, of the
 47-9    facility's policy and shall take all reasonable steps to effect the
47-10    transfer of the person to the person's home or to a facility where
47-11    the provisions of this subchapter [chapter] can be carried out.
47-12          Sec. 166.090 [674.010].  DNR IDENTIFICATION DEVICE.  (a)  A
47-13    person who has a valid out-of-hospital DNR order under this
47-14    subchapter [chapter] may wear a DNR identification device around
47-15    the neck or on the wrist as prescribed by board rule adopted under
47-16    Section 166.101 [674.023].
47-17          (b)  The presence of a DNR identification device on the body
47-18    of a person is conclusive evidence that the person has executed or
47-19    issued a valid out-of-hospital DNR order or has a valid
47-20    out-of-hospital DNR order executed or issued on the person's
47-21    behalf.  Responding health care professionals shall honor the DNR
47-22    identification device as if a valid out-of-hospital DNR order form
47-23    executed or issued by the person were found in the possession of
47-24    the person.
47-25          Sec. 166.091 [674.011].  DURATION OF OUT-OF-HOSPITAL DNR
47-26    ORDER.  An out-of-hospital DNR order is effective until it is
 48-1    revoked as prescribed by Section 166.092 [674.012].
 48-2          Sec. 166.092 [674.012].  REVOCATION OF OUT-OF-HOSPITAL DNR
 48-3    ORDER.  (a)  A declarant may revoke an out-of-hospital DNR order at
 48-4    any time without regard to the declarant's mental state or
 48-5    competency.  An order may be revoked by:
 48-6                (1)  the declarant or someone in the declarant's
 48-7    presence and at the declarant's direction destroying the order form
 48-8    and removing the DNR identification device, if any;
 48-9                (2)  a person who identifies himself or herself as the
48-10    legal guardian, as a qualified relative, or as the agent of the
48-11    declarant having a medical [durable] power of attorney [for health
48-12    care] who executed the out-of-hospital DNR order or another person
48-13    in the person's presence and at the person's direction destroying
48-14    the order form and removing the DNR identification device, if any;
48-15                (3)  the declarant communicating the declarant's intent
48-16    to revoke the order; or
48-17                (4)  a person who identifies himself or herself as the
48-18    legal guardian, a qualified relative, or the agent of the declarant
48-19    having a medical [durable] power of attorney [for health care] who
48-20    executed the out-of-hospital DNR order orally stating the person's
48-21    intent to revoke the order.
48-22          (b)  An oral revocation under Subsection (a)(3) or (a)(4)
48-23    takes effect only when the declarant or a person who identifies
48-24    himself or herself as the legal guardian, a qualified relative, or
48-25    the agent of the declarant having a medical [durable] power of
48-26    attorney [for health care] who executed the out-of-hospital DNR
 49-1    order communicates the intent to revoke the order to the responding
 49-2    health care professionals or the attending physician at the scene.
 49-3    The responding health care professionals shall record the time,
 49-4    date, and place of the revocation in accordance with the statewide
 49-5    out-of-hospital DNR protocol and rules adopted by the board and any
 49-6    applicable local out-of-hospital DNR protocol.  The attending
 49-7    physician or the physician's designee shall record in the person's
 49-8    medical record the time, date, and place of the revocation and, if
 49-9    different, the time, date, and place that the physician received
49-10    notice of the revocation.  The attending physician or the
49-11    physician's designee shall also enter the word "VOID" on each page
49-12    of the copy of the order in the person's medical record.
49-13          (c)  Except as otherwise provided by this subchapter
49-14    [chapter], a person is not civilly or criminally liable for failure
49-15    to act on a revocation made under this section unless the person
49-16    has actual knowledge of the revocation.
49-17          Sec. 166.093 [674.013].  REEXECUTION OF OUT-OF-HOSPITAL DNR
49-18    ORDER.  A declarant may at any time reexecute or reissue an
49-19    out-of-hospital DNR order in accordance with the procedures
49-20    prescribed by Section 166.082 [674.002], including reexecution or
49-21    reissuance after the declarant is diagnosed as having a terminal or
49-22    irreversible condition.
49-23          [Sec. 674.014.  CONFLICT WITH NATURAL DEATH ACT OR DURABLE
49-24    POWER OF ATTORNEY FOR HEALTH CARE.  To the extent that an
49-25    out-of-hospital DNR order conflicts with a directive or treatment
49-26    decision executed or issued under Chapter 672 or a durable power of
 50-1    attorney for health care executed or issued in accordance with
 50-2    Chapter 135, Civil Practice and Remedies Code, the instrument
 50-3    executed later in time controls.]
 50-4          [Sec. 674.015.  EFFECT OF OUT-OF-HOSPITAL DNR ORDER ON
 50-5    INSURANCE POLICY AND PREMIUMS.  (a)  The fact that a person has
 50-6    executed or issued an out-of-hospital DNR order under this chapter
 50-7    does not:]
 50-8                [(1)  restrict, inhibit, or impair in any manner the
 50-9    sale, procurement, or issuance of a life insurance policy to that
50-10    person; or]
50-11                [(2)  modify the terms of an existing life insurance
50-12    policy.]
50-13          [(b)  Notwithstanding the terms of any life insurance policy,
50-14    the fact that cardiopulmonary resuscitation or certain other
50-15    life-sustaining procedures designated by the board are withheld
50-16    from an insured person under this chapter does not legally impair
50-17    or invalidate that person's life insurance policy and may not be a
50-18    factor for the purpose of determining the payability of benefits or
50-19    the cause of death under the life insurance policy.]
50-20          [(c)  A physician, health facility, health care provider,
50-21    insurer, or health care service plan may not require a person to
50-22    execute or issue an out-of-hospital DNR order as a condition for
50-23    obtaining insurance for health care services or receiving health
50-24    care services.]
50-25          [(d)  The fact that a person has executed or issued or failed
50-26    to execute or issue an out-of-hospital DNR order under this chapter
 51-1    may not be considered in any way in establishing insurance
 51-2    premiums.]
 51-3          Sec. 166.094 [674.016].  LIMITATION ON LIABILITY FOR
 51-4    WITHHOLDING CARDIOPULMONARY RESUSCITATION AND CERTAIN OTHER
 51-5    LIFE-SUSTAINING PROCEDURES.  (a)  A health care professional or
 51-6    health care facility or entity that in good faith causes
 51-7    cardiopulmonary resuscitation or certain other life-sustaining
 51-8    treatment [procedures] designated by the board to be withheld from
 51-9    a person in accordance with this subchapter [chapter] is not
51-10    civilly liable for that action.
51-11          (b)  A health care professional or health care facility or
51-12    entity that in good faith participates in withholding
51-13    cardiopulmonary resuscitation or certain other life-sustaining
51-14    treatment [procedures] designated by the board from a person in
51-15    accordance with this subchapter [chapter] is not civilly liable for
51-16    that action.
51-17          (c)  A health care professional or health care facility or
51-18    entity that in good faith participates in withholding
51-19    cardiopulmonary resuscitation or certain other life-sustaining
51-20    treatment [procedures] designated by the board from a person in
51-21    accordance with this subchapter [chapter] is not criminally liable
51-22    or guilty of unprofessional conduct as a result of that action.
51-23          (d)  A health care professional or health care facility or
51-24    entity that in good faith causes or participates in withholding
51-25    cardiopulmonary resuscitation or certain other life-sustaining
51-26    treatment [procedures] designated by the board from a person in
 52-1    accordance with this subchapter [chapter] and rules adopted under
 52-2    this subchapter [chapter] is not in violation of any other
 52-3    licensing or regulatory laws or rules of this state and is not
 52-4    subject to any disciplinary action or sanction by any licensing or
 52-5    regulatory agency of this state as a result of that action.
 52-6          Sec. 166.095 [674.017].  LIMITATION ON LIABILITY FOR FAILURE
 52-7    TO EFFECTUATE OUT-OF-HOSPITAL DNR ORDER.  (a)  A health care
 52-8    professional or health care facility or entity that has no actual
 52-9    knowledge of an out-of-hospital DNR order is not civilly or
52-10    criminally liable for failing to act in accordance with the order.
52-11          (b)  A health care professional or health care facility or
52-12    entity is subject to review and disciplinary action by the
52-13    appropriate licensing board [not civilly or criminally liable] for
52-14    failing to effectuate an out-of-hospital DNR order.  This
52-15    subsection does not limit remedies available under other laws of
52-16    this state.
52-17          (c)  If an attending physician refuses to execute or comply
52-18    with an out-of-hospital DNR order, the physician shall inform the
52-19    person, the legal guardian or qualified relatives of the person, or
52-20    the agent of the person having a medical [durable] power of
52-21    attorney [for health care] and, if the person or another authorized
52-22    to act on behalf of the person so directs, shall make a reasonable
52-23    effort to transfer the person to another physician who is willing
52-24    to execute or comply with an out-of-hospital DNR order.
52-25          Sec. 166.096 [674.018].  HONORING OUT-OF-HOSPITAL DNR ORDER
52-26    DOES NOT CONSTITUTE OFFENSE OF AIDING SUICIDE.  A person does not
 53-1    commit an offense under Section 22.08, Penal Code, by withholding
 53-2    cardiopulmonary resuscitation or certain other life-sustaining
 53-3    treatment [procedures] designated by the board from a person in
 53-4    accordance with this subchapter [chapter].
 53-5          Sec. 166.097 [674.019].  CRIMINAL PENALTY; PROSECUTION.
 53-6    (a)  A person commits an offense if the person intentionally
 53-7    conceals, cancels, defaces, obliterates, or damages another
 53-8    person's out-of-hospital DNR order or DNR identification device
 53-9    without that person's consent or the consent of the person or
53-10    persons authorized to execute or issue an out-of-hospital DNR order
53-11    on behalf of the person under this subchapter [chapter].  An
53-12    offense under this subsection is a Class A misdemeanor.
53-13          (b)  A person is subject to prosecution for criminal homicide
53-14    under Chapter 19, Penal Code, if the person, with the intent to
53-15    cause cardiopulmonary resuscitation or certain other
53-16    life-sustaining treatment [procedures] designated by the board to
53-17    be withheld from another person contrary to the other person's
53-18    desires, falsifies or forges an out-of-hospital DNR order or
53-19    intentionally conceals or withholds personal knowledge of a
53-20    revocation and thereby directly causes cardiopulmonary
53-21    resuscitation and certain other life-sustaining treatment
53-22    [procedures] designated by the board to be withheld from the other
53-23    person with the result that the other person's death is hastened.
53-24          Sec. 166.098 [674.020].  PREGNANT PERSONS.  A person may not
53-25    withhold cardiopulmonary resuscitation or certain other
53-26    life-sustaining treatment [procedures] designated by the board
 54-1    under this subchapter [chapter] from a person known by the
 54-2    responding health care professionals to be pregnant.
 54-3          Sec. 166.099 [674.021].  MERCY KILLING NOT CONDONED.  This
 54-4    subchapter [chapter] does not condone, authorize, or approve mercy
 54-5    killing or permit an affirmative or deliberate act or omission to
 54-6    end life except to permit the natural process of dying as provided
 54-7    by this subchapter [chapter].
 54-8          Sec. 166.100 [674.022].  LEGAL RIGHT OR RESPONSIBILITY NOT
 54-9    AFFECTED.  This subchapter [chapter] does not impair or supersede
54-10    any legal right or responsibility a person may have under a
54-11    constitution, other statute, regulation, or court decision to
54-12    effect the withholding of cardiopulmonary resuscitation or certain
54-13    other life-sustaining treatment [procedures] designated by the
54-14    board.
54-15          Sec. 166.101 [674.023].  DUTIES OF DEPARTMENT AND BOARD.
54-16    (a)  The board shall, on the recommendation of the department,
54-17    adopt all reasonable and necessary rules to carry out the purposes
54-18    of this subchapter [chapter], including rules:
54-19                (1)  adopting a statewide out-of-hospital DNR order
54-20    protocol that sets out standard procedures for the withholding of
54-21    cardiopulmonary resuscitation and certain other life-sustaining
54-22    treatment [procedures] by health care professionals acting in
54-23    out-of-hospital settings;
54-24                (2)  designating life-sustaining treatment [procedures]
54-25    that may be included in an out-of-hospital DNR order, including all
54-26    procedures listed in Sections 166.081(6)(A)(i) through (v) [Section
 55-1    674.001(14)(A)(i) through (vi)]; and
 55-2                (3)  governing recordkeeping in circumstances in which
 55-3    an out-of-hospital DNR order or DNR identification device is
 55-4    encountered by responding health care professionals.
 55-5          (b)  The rules adopted by the board under Subsection (a) are
 55-6    not effective until approved by the Texas State Board of Medical
 55-7    Examiners.
 55-8          (c)  Local emergency medical services authorities may adopt
 55-9    local out-of-hospital DNR order protocols if the local protocols do
55-10    not conflict with the statewide out-of-hospital DNR order protocol
55-11    adopted by the board.
55-12          (d)  The board by rule shall specify a distinctive standard
55-13    design for a necklace and a bracelet DNR identification device that
55-14    signifies, when worn by a person, that the possessor has executed
55-15    or issued a valid out-of-hospital DNR order under this subchapter
55-16    [chapter] or is a person for whom a valid out-of-hospital DNR order
55-17    has been executed or issued.
55-18          (e)  The department shall report to the board from time to
55-19    time regarding issues identified in emergency medical services
55-20    responses in which an out-of-hospital DNR order or DNR
55-21    identification device is encountered.  The report may contain
55-22    recommendations to the board for necessary modifications to the
55-23    form of the standard out-of-hospital DNR order or the designated
55-24    life-sustaining treatment [procedures] listed in the standard
55-25    out-of-hospital DNR order, the statewide out-of-hospital DNR order
55-26    protocol, or the DNR identification devices.
 56-1          [Sec. 674.024.  RECOGNITION OF OUT-OF-HOSPITAL DNR ORDER
 56-2    EXECUTED OR ISSUED IN OTHER STATE.  An out-of-hospital DNR order
 56-3    executed, issued, or authorized in another state or a territory or
 56-4    possession of the United States in compliance with the law of that
 56-5    jurisdiction is effective for purposes of this chapter.]
 56-6          SECTION 1.05.  Chapter 135, Civil Practice and Remedies Code,
 56-7    is transferred to Subtitle H, Title 2, Health and Safety Code, is
 56-8    redesignated as Subchapter D, Chapter 166, Health and Safety Code,
 56-9    and is amended to read as follows:
56-10              SUBCHAPTER D [CHAPTER 135].  MEDICAL [DURABLE]
56-11                    POWER OF ATTORNEY [FOR HEALTH CARE]
56-12          Sec. 166.151 [135.001].  DEFINITIONS.  In this subchapter
56-13    [chapter]:
56-14                (1)  "Adult" means a person 18 years of age or older or
56-15    a person under 18 years of age who has had the disabilities of
56-16    minority removed.
56-17                (2)  "Agent" means an adult to whom authority to make
56-18    health care decisions is delegated under a medical [durable] power
56-19    of attorney [for health care].
56-20                (3)  ["Attending physician" means the physician,
56-21    selected by or assigned to a patient, who has primary
56-22    responsibility for the treatment and care of the patient.]
56-23                [(4)  "Capacity to make health care decisions" means
56-24    the ability to understand and appreciate the nature and
56-25    consequences of a health care decision, including the significant
56-26    benefits and harms of and reasonable alternatives to any proposed
 57-1    health care.]
 57-2                [(5)  "Durable power of attorney for health care" means
 57-3    a document delegating to an agent the authority to make health care
 57-4    decisions as provided by this chapter.]
 57-5                [(6)  "Health care decision" means consent, refusal to
 57-6    consent, or withdrawal of consent to health care, treatment,
 57-7    service, or procedure to maintain, diagnose, or treat an
 57-8    individual's physical or mental condition.]
 57-9                [(7)]  "Health care provider" means an individual or
57-10    facility licensed, certified, or otherwise authorized to administer
57-11    health care, for profit or otherwise, in the ordinary course of
57-12    business or professional practice and includes a physician.
57-13                (4) [(8)  "Physician" means:]
57-14                      [(A)  a physician licensed by the Texas State
57-15    Board of Medical Examiners; or]
57-16                      [(B)  a physician with proper credentials who
57-17    holds a commission in a branch of the armed services of the United
57-18    States and who is serving on active duty in this state.]
57-19                [(9)]  "Principal" means an adult who has executed a
57-20    medical [durable] power of attorney [for health care].
57-21                (5) [(10)]  "Residential care provider" means an
57-22    individual or facility licensed, certified, or otherwise authorized
57-23    to operate, for profit or otherwise, a residential care home.
57-24          Sec. 166.152 [135.002].  SCOPE AND DURATION OF AUTHORITY.
57-25    (a)  Subject to this subchapter [chapter] or any express limitation
57-26    on the authority of the agent contained in the medical [durable]
 58-1    power of attorney [for health care], the agent may make any health
 58-2    care decision on the principal's behalf that the principal could
 58-3    make if the principal were competent [but for the principal's lack
 58-4    of capacity to make health care decisions].
 58-5          (b)  An agent may exercise authority only if the principal's
 58-6    attending physician certifies in writing and files the
 58-7    certification in the principal's medical record that, based on the
 58-8    attending physician's reasonable medical judgment, the principal is
 58-9    incompetent [lacks capacity to make health care decisions].
58-10          (c)  Notwithstanding any other provisions of this subchapter
58-11    [chapter], treatment may not be given to or withheld from the
58-12    principal if the principal objects regardless of whether, at the
58-13    time of the objection:
58-14                (1)  a medical [durable] power of attorney [for health
58-15    care] is in effect; or
58-16                (2)  the principal is competent [has the capacity to
58-17    make health care decisions].
58-18          (d)  The principal's attending physician shall make
58-19    reasonable efforts to inform the principal of any proposed
58-20    treatment or of any proposal to withdraw or withhold treatment
58-21    before implementing an agent's advance directive.
58-22          (e)  After consultation with the attending physician and
58-23    other health care providers, the agent shall make a health care
58-24    decision:
58-25                (1)  according to the agent's knowledge of the
58-26    principal's wishes, including the principal's religious and moral
 59-1    beliefs; or
 59-2                (2)  if the agent does not know the principal's wishes,
 59-3    according to the agent's assessment of the principal's best
 59-4    interests.
 59-5          (f)  Notwithstanding any other provision of this subchapter
 59-6    [chapter], an agent may not consent to:
 59-7                (1)  voluntary inpatient mental health services;
 59-8                (2)  convulsive treatment;
 59-9                (3)  psychosurgery;
59-10                (4)  abortion; or
59-11                (5)  neglect of the principal through the omission of
59-12    care primarily intended to provide for the comfort of the
59-13    principal.
59-14          (g)  The power of attorney is effective indefinitely on
59-15    execution as provided by this subchapter [chapter] and delivery of
59-16    the document to the agent, unless it is revoked as provided by this
59-17    subchapter [chapter] or the principal becomes competent [regains
59-18    the capacity to make health care decisions].  If the medical
59-19    [durable] power of attorney includes an expiration date and on that
59-20    date the principal is incompetent [lacks the capacity to make
59-21    health care decisions], the power of attorney continues to be
59-22    effective until the principal becomes competent [regains the
59-23    capacity to make health care decisions] unless it is revoked as
59-24    provided by this subchapter [chapter].
59-25          Sec. 166.153 [135.003].  PERSONS WHO MAY NOT EXERCISE
59-26    AUTHORITY OF AGENT.  A person may not exercise the authority of an
 60-1    agent while the person serves as:
 60-2                (1)  the principal's health care provider;
 60-3                (2)  an employee of the principal's health care
 60-4    provider unless the person is a relative of the principal;
 60-5                (3)  the principal's residential care provider; or
 60-6                (4)  an employee of the principal's residential care
 60-7    provider unless the person is a relative of the principal.
 60-8          Sec. 166.154 [135.004].  EXECUTION AND WITNESSES.  (a)  The
 60-9    medical [durable] power of attorney [for health care] must be
60-10    signed by the principal in the presence of [at least] two [or more
60-11    subscribing] witnesses, at least one of whom must be a witness who
60-12    qualifies under Section 166.003(2).  The witnesses must sign the
60-13    document.
60-14          (b)  [A witness may not, at the time of execution, be:]
60-15                [(1)  the agent;]
60-16                [(2)  the principal's health or residential care
60-17    provider or the provider's employee;]
60-18                [(3)  the principal's spouse or heir;]
60-19                [(4)  a person entitled to any part of the estate of
60-20    the principal on the death of the principal under a will or deed in
60-21    existence or by operation of law; or]
60-22                [(5)  any other person who has any claim against the
60-23    estate of the principal.]
60-24          [(c)  The witnesses shall affirm that, at the time the
60-25    durable power of attorney for health care was signed, the
60-26    principal:]
 61-1                [(1)  appeared to be of sound mind to make a health
 61-2    care decision;]
 61-3                [(2)  stated in the witness's presence that the
 61-4    principal was aware of the nature of the durable power of attorney
 61-5    for health care and that the principal was signing the document
 61-6    voluntarily and free from any duress; and]
 61-7                [(3)  requested that the witness serve as a witness to
 61-8    the principal's execution of the document.]
 61-9          [(d)]  If the principal is physically unable to sign, another
61-10    person may sign the medical [durable] power of attorney [for health
61-11    care] with the principal's name in the principal's presence and at
61-12    the principal's express direction.
61-13          Sec. 166.155 [135.005].  REVOCATION.  (a)  A medical
61-14    [durable] power of attorney [for health care] is revoked by:
61-15                (1)  oral or written notification at any time by the
61-16    principal to the agent or a licensed or certified health or
61-17    residential care provider or by any other act evidencing a specific
61-18    intent to revoke the power, without regard to whether the principal
61-19    is competent or the principal's mental state[, competency, or
61-20    capacity to make health care decisions];
61-21                (2)  execution by the principal of a subsequent medical
61-22    [durable] power of attorney [for health care]; or
61-23                (3)  the divorce of the principal and spouse, if the
61-24    spouse is the principal's agent, unless the medical power of
61-25    attorney provides otherwise.
61-26          (b)  A principal's licensed or certified health or
 62-1    residential care provider who is informed of or provided with a
 62-2    revocation of a medical [durable] power of attorney [for health
 62-3    care] shall immediately record the revocation in the principal's
 62-4    medical record and give notice of the revocation to the agent and
 62-5    any known health and residential care providers currently
 62-6    responsible for the principal's care.
 62-7          Sec. 166.156 [135.006].  APPOINTMENT OF GUARDIAN.  (a)  On
 62-8    motion filed in connection with a petition for appointment of a
 62-9    guardian or, if a guardian has been appointed, on petition of the
62-10    guardian, a probate court shall determine whether to suspend or
62-11    revoke the authority of the agent.
62-12          (b)  The court shall consider the preferences of the
62-13    principal as expressed in the medical [durable] power of attorney
62-14    [for health care].
62-15          (c)  During the pendency of the court's determination under
62-16    Subsection (a), the guardian has the sole authority to make any
62-17    health care decisions unless the court orders otherwise.  If a
62-18    guardian has not been appointed, the agent has the authority to
62-19    make any health care decisions unless the court orders otherwise.
62-20          (d)  A person, including any attending physician or health or
62-21    residential care provider, who does not have actual knowledge of
62-22    the appointment of a guardian or an order of the court granting
62-23    authority to someone other than the agent to make health care
62-24    decisions is not subject to criminal or civil liability and has not
62-25    engaged in unprofessional conduct for implementing an agent's
62-26    health care decision.
 63-1          Sec. 166.157 [135.007].  DISCLOSURE OF MEDICAL INFORMATION.
 63-2    Subject to any limitations in the medical [durable] power of
 63-3    attorney [for health care], an agent may, for the purpose of making
 63-4    a health care decision:
 63-5                (1)  request, review, and receive any information, oral
 63-6    or written, regarding the principal's physical or mental health,
 63-7    including medical and hospital records;
 63-8                (2)  execute a release or other document required to
 63-9    obtain the information; and
63-10                (3)  consent to the disclosure of the information.
63-11          Sec. 166.158 [135.008].  DUTY OF HEALTH OR RESIDENTIAL CARE
63-12    PROVIDER.  (a)  A principal's health or residential care provider
63-13    and an employee of the provider who knows of the existence of the
63-14    principal's medical [durable] power of attorney [for health care]
63-15    shall follow a directive of the principal's agent to the extent it
63-16    is consistent with the desires of the principal, this subchapter
63-17    [chapter], and the medical [durable] power of attorney [for health
63-18    care].
63-19          (b)  The attending physician does not have a duty to verify
63-20    that the agent's directive is consistent with the principal's
63-21    wishes or religious or moral beliefs.
63-22          (c)  A principal's health or residential care provider who
63-23    finds it impossible to follow a directive by the agent because of a
63-24    conflict with this subchapter [chapter] or the medical [durable]
63-25    power of attorney [for health care] shall inform the agent as soon
63-26    as is reasonably possible.  The agent may select another attending
 64-1    physician.  The procedures established under Sections 166.045 and
 64-2    166.046 apply if the agent's directive concerns providing,
 64-3    withholding, or withdrawing life-sustaining treatment.
 64-4          (d)  This subchapter [chapter] may not be construed to
 64-5    require a health or residential care provider who is not a
 64-6    physician to act in a manner contrary to a physician's order.
 64-7          Sec. 166.159 [135.009].  DISCRIMINATION RELATING TO EXECUTION
 64-8    OF MEDICAL [DURABLE] POWER OF ATTORNEY [FOR HEALTH CARE].  A health
 64-9    or residential care provider, health care service plan, insurer
64-10    issuing disability insurance, self-insured employee benefit plan,
64-11    or nonprofit hospital service plan may not:
64-12                (1)  charge a person a different rate solely because
64-13    the person has executed a medical [durable] power of attorney [for
64-14    health care];
64-15                (2)  require a person to execute a medical [durable]
64-16    power of attorney [for health care] before:
64-17                      (A)  admitting the person to a hospital, nursing
64-18    home, or residential care home;
64-19                      (B)  insuring the person; or
64-20                      (C)  allowing the person to receive health or
64-21    residential care; or
64-22                (3)  refuse health or residential care to a person
64-23    solely because the person has executed a medical [durable] power of
64-24    attorney [for health care].
64-25          Sec. 166.160 [135.010].  LIMITATION ON LIABILITY.  (a)  An
64-26    agent is not subject to criminal or civil liability for a health
 65-1    care decision if the decision is made in good faith under the terms
 65-2    of the medical [durable] power of attorney [for health care] and
 65-3    the provisions of this subchapter [chapter].
 65-4          (b)  An attending physician, health or residential care
 65-5    provider, or a person acting as an agent for or under the
 65-6    physician's or provider's control is not subject to criminal or
 65-7    civil liability and has not engaged in unprofessional conduct for
 65-8    an act or omission if the act or omission:
 65-9                (1)  is done in good faith under the terms of the
65-10    medical [durable] power of attorney [for health care], the
65-11    directives of the agent, and the provisions of this subchapter
65-12    [chapter]; and
65-13                (2)  does not constitute a failure to exercise
65-14    reasonable [due] care in the provision of health care services.
65-15          (c)  The standard of care that the attending physician,
65-16    health or residential care provider, or person acting as an agent
65-17    for or under the physician's or provider's control shall exercise
65-18    under Subsection (b) is that degree of care that an attending
65-19    physician, health or residential care provider, or person acting as
65-20    an agent for or under the physician's or provider's control, as
65-21    applicable, of ordinary prudence and skill would have exercised
65-22    under the same or similar circumstances in the same or a similar
65-23    community.
65-24          (d)  An attending physician, health or residential care
65-25    provider, or person acting as an agent for or under the physician's
65-26    or provider's control has not engaged in unprofessional conduct
 66-1    for:
 66-2                (1)  failure to act as required by the directive of an
 66-3    agent or a medical [durable] power of attorney [for health care] if
 66-4    the physician, provider, or person was not provided with a copy of
 66-5    the medical [durable] power of attorney [for health care] or had no
 66-6    knowledge of a directive; or
 66-7                (2)  acting as required by an agent's directive if the
 66-8    medical [durable] power of attorney [for health care] has expired
 66-9    or been revoked but the physician, provider, or person does not
66-10    have knowledge of the expiration or revocation.
66-11          Sec. 166.161 [135.011].  LIABILITY FOR HEALTH CARE COSTS.
66-12    Liability for the cost of health care provided as a result of the
66-13    agent's decision is the same as if the health care were provided as
66-14    a result of the principal's decision.
66-15          [Sec. 135.012.  NATURAL DEATH ACT.  To the extent that a
66-16    durable power of attorney for health care conflicts with a
66-17    directive or treatment decision executed under the Natural Death
66-18    Act (Chapter 672, Health and Safety Code), the instrument executed
66-19    later in time controls.  A physician who withholds or withdraws
66-20    life-sustaining procedures from a principal with a terminal
66-21    condition as required by an agent's directive is not required to
66-22    comply with the Natural Death Act.]
66-23          [Sec. 135.013.  ENFORCEABILITY OF DURABLE POWER OF ATTORNEY
66-24    EXECUTED IN ANOTHER JURISDICTION.  This chapter does not limit the
66-25    enforceability of a durable power of attorney for health care or
66-26    similar instrument executed in another state or jurisdiction if the
 67-1    instrument complies with the law of the state or jurisdiction.]
 67-2          Sec. 166.162 [135.014].  DISCLOSURE STATEMENT.  A medical
 67-3    [durable] power of attorney [for health care] is not effective
 67-4    unless the principal, before executing the medical [durable] power
 67-5    of attorney [for health care], signs a statement that the principal
 67-6    has received a disclosure statement and has read and understood its
 67-7    contents.
 67-8          Sec. 166.163 [135.015].  FORM OF DISCLOSURE STATEMENT.  The
 67-9    disclosure statement must be in substantially the following form:
67-10               INFORMATION CONCERNING THE MEDICAL [DURABLE]
67-11                    POWER OF ATTORNEY [FOR HEALTH CARE]
67-12    THIS IS AN IMPORTANT LEGAL DOCUMENT.  BEFORE SIGNING THIS DOCUMENT,
67-13    YOU SHOULD KNOW THESE IMPORTANT FACTS:
67-14          Except to the extent you state otherwise, this document gives
67-15    the person you name as your agent the authority to make any and all
67-16    health care decisions for you in accordance with your wishes,
67-17    including your religious and moral beliefs, when you are no longer
67-18    capable of making them yourself.  Because "health care" means any
67-19    treatment, service, or procedure to maintain, diagnose, or treat
67-20    your physical or mental condition, your agent has the power to make
67-21    a broad range of health care decisions for you.  Your agent may
67-22    consent, refuse to consent, or withdraw consent to medical
67-23    treatment and may make decisions about withdrawing or withholding
67-24    life-sustaining treatment.  Your agent may not consent to voluntary
67-25    inpatient mental health services, convulsive treatment,
67-26    psychosurgery, or abortion.  A physician must comply with your
 68-1    agent's instructions or allow you to be transferred to another
 68-2    physician.
 68-3          Your agent's authority begins when your doctor certifies that
 68-4    you lack the competence [capacity] to make health care decisions.
 68-5          Your agent is obligated to follow your instructions when
 68-6    making decisions on your behalf.  Unless you state otherwise, your
 68-7    agent has the same authority to make decisions about your health
 68-8    care as you would have had.
 68-9          It is important that you discuss this document with your
68-10    physician or other health care provider before you sign it to make
68-11    sure that you understand the nature and range of decisions that may
68-12    be made on your behalf.  If you do not have a physician, you should
68-13    talk with someone else who is knowledgeable about these issues and
68-14    can answer your questions.  You do not need a lawyer's assistance
68-15    to complete this document, but if there is anything in this
68-16    document that you do not understand, you should ask a lawyer to
68-17    explain it to you.
68-18          The person you appoint as agent should be someone you know
68-19    and trust.  The person must be 18 years of age or older or a person
68-20    under 18 years of age who has had the disabilities of minority
68-21    removed.  If you appoint your health or residential care provider
68-22    (e.g., your physician or an employee of a home health agency,
68-23    hospital, nursing home, or residential care home, other than a
68-24    relative), that person has to choose between acting as your agent
68-25    or as your health or residential care provider; the law does not
68-26    permit a person to do both at the same time.
 69-1          You should inform the person you appoint that you want the
 69-2    person to be your health care agent.  You should discuss this
 69-3    document with your agent and your physician and give each a signed
 69-4    copy.  You should indicate on the document itself the people and
 69-5    institutions who have signed copies.  Your agent is not liable for
 69-6    health care decisions made in good faith on your behalf.
 69-7          Even after you have signed this document, you have the right
 69-8    to make health care decisions for yourself as long as you are able
 69-9    to do so and treatment cannot be given to you or stopped over your
69-10    objection.  You have the right to revoke the authority granted to
69-11    your agent by informing your agent or your health or residential
69-12    care provider orally or in writing or by your execution of a
69-13    subsequent medical [durable] power of attorney [for health care].
69-14    Unless you state otherwise, your appointment of a spouse dissolves
69-15    on divorce.
69-16          This document may not be changed or modified.  If you want to
69-17    make changes in the document, you must make an entirely new one.
69-18          You may wish to designate an alternate agent in the event
69-19    that your agent is unwilling, unable, or ineligible to act as your
69-20    agent.  Any alternate agent you designate has the same authority to
69-21    make health care decisions for you.
69-22    THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS SIGNED IN THE
69-23    PRESENCE OF TWO COMPETENT ADULT [OR MORE QUALIFIED] WITNESSES.  THE
69-24    FOLLOWING PERSONS MAY NOT ACT AS ONE OF THE WITNESSES:
69-25                (1)  the person you have designated as your agent;
69-26                (2)  a person related to you by blood or marriage [your
 70-1    health or residential care provider or an employee of your health
 70-2    or residential care provider];
 70-3                (3)  a person entitled to any part of your estate after
 70-4    your death under a will or codicil executed by you or by operation
 70-5    of law [your spouse];
 70-6                (4)  your attending physician [lawful heirs or
 70-7    beneficiaries named in your will or a deed]; [or]
 70-8                (5)  an employee of your attending physician;
 70-9                (6)  an employee of a health care facility in which you
70-10    are a patient if the employee is providing direct patient care to
70-11    you or is an officer, director, partner, or business office
70-12    employee of the health care facility or of any parent organization
70-13    of the health care facility; or
70-14                (7)  a person who, at the time this power of attorney
70-15    is executed, has a claim against any part of your estate after your
70-16    death [creditors or persons who have a claim against you].
70-17          Sec. 166.164 [135.016].  FORM OF MEDICAL [DURABLE] POWER OF
70-18    ATTORNEY.  The medical [durable] power of attorney [for health
70-19    care] must be in substantially the following form:
70-20           MEDICAL [DURABLE] POWER OF ATTORNEY [FOR HEALTH CARE]
70-21    DESIGNATION OF HEALTH CARE AGENT.
70-22          I,_______________________________(insert your name)  appoint:
70-23          Name:________________________________________________________
70-24          Address:_____________________________________________________
70-25                      Phone____________________________________________
70-26    as my agent to make any and all health care decisions for me,
 71-1    except to the extent I state otherwise in this document.  This
 71-2    medical [durable] power of attorney [for health care] takes effect
 71-3    if I become unable to make my own health care decisions and this
 71-4    fact is certified in writing by my physician.
 71-5    LIMITATIONS ON THE DECISION-MAKING AUTHORITY OF  MY  AGENT  ARE  AS
 71-6    FOLLOWS:___________________________________________________________
 71-7    ___________________________________________________________________
 71-8    DESIGNATION OF ALTERNATE AGENT.
 71-9          (You are not required to designate an alternate agent but you
71-10    may do so.  An alternate agent may make the same health care
71-11    decisions as the designated agent if the designated agent is unable
71-12    or unwilling to act as your agent.  If the agent designated is your
71-13    spouse, the designation is automatically revoked by law if your
71-14    marriage is dissolved.)
71-15          If the person designated as my agent is unable or unwilling
71-16    to make health care decisions for me, I designate the following
71-17    persons to serve as my agent to make health care decisions for me
71-18    as authorized by this document, who serve in the following order:
71-19             A.  First Alternate Agent
71-20                 Name:_________________________________________________
71-21                 Address:______________________________________________
71-22                                Phone__________________________________
71-23             B.  Second Alternate Agent
71-24                 Name:_________________________________________________
71-25                 Address:______________________________________________
71-26                                Phone__________________________________
 72-1                 The original of this document is kept at______________
 72-2                 ______________________________________________________
 72-3                 ______________________________________________________
 72-4    The following individuals or institutions have signed copies:
 72-5                 Name:_________________________________________________
 72-6                 Address:______________________________________________
 72-7                 ______________________________________________________
 72-8                 Name:_________________________________________________
 72-9                 Address:______________________________________________
72-10                 ______________________________________________________
72-11    DURATION.
72-12          I understand that this power of attorney exists indefinitely
72-13    from the date I execute this document unless I establish a shorter
72-14    time or revoke the power of attorney.  If I am unable to make
72-15    health care decisions for myself when this power of attorney
72-16    expires, the authority I have granted my agent continues to exist
72-17    until the time I become able to make health care decisions for
72-18    myself.
72-19          (IF APPLICABLE)  This power of attorney ends on the following
72-20    date:_____
72-21    PRIOR DESIGNATIONS REVOKED.
72-22          I revoke any prior medical [durable] power of attorney [for
72-23    health care].
72-24    ACKNOWLEDGMENT OF DISCLOSURE STATEMENT.
72-25          I have been provided with a disclosure statement explaining
72-26    the effect of this document.  I have read and understand that
 73-1    information contained in the disclosure statement.
 73-2          (YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY.)
 73-3          I sign my name to this medical [durable]  power  of  attorney
 73-4    [for health care] on ___________ day of ______________(month, year)
 73-5    [19]    at_________________________________________________________
 73-6                                 (City and State)
 73-7              _________________________________________________________
 73-8                                   (Signature)
 73-9              _________________________________________________________
73-10                                   (Print Name)
73-11    STATEMENT OF FIRST WITNESS [WITNESSES].
73-12          [I declare under penalty of perjury that the principal has
73-13    identified himself or herself to me, that the principal signed or
73-14    acknowledged this durable power of attorney in my presence, that I
73-15    believe the principal to be of sound mind, that the principal has
73-16    affirmed that the principal is aware of the nature of the document
73-17    and is signing it voluntarily and free from duress, that the
73-18    principal requested that I serve as witness to the principal's
73-19    execution of this document, that] I am not the person appointed as
73-20    agent by this document.[, and that] I am not related to the
73-21    principal by blood or marriage.  I would not be entitled to any
73-22    portion of the principal's estate on the principal's death.  I am
73-23    not the attending physician of the principal or an employee of the
73-24    attending physician.  I have no claim against any portion of the
73-25    principal's estate on the principal's death.  Furthermore, if I am
73-26    an employee of a health care facility in which the principal is a
 74-1    patient, I am not involved in providing direct patient care to the
 74-2    principal and am not an officer, director, partner, or  business
 74-3    office employee of the health care facility or of any  parent
 74-4    organization of the health care facility [a provider of health or
 74-5    residential care, an employee of a provider of health or
 74-6    residential care, the operator of a community care facility, or an
 74-7    employee of an operator of a health care facility.]
 74-8          [I declare that I am not related to the principal by blood,
 74-9    marriage, or adoption and that to the best of my knowledge I am not
74-10    entitled to any part of the estate of the principal on the death of
74-11    the principal under a will or by operation of law].
74-12    [Witness] Signature:_______________________________________________
74-13    Print Name:_____________________________Date:______________________
74-14    Address:___________________________________________________________
74-15    SIGNATURE OF SECOND WITNESS.
74-16    [Witness] Signature:_______________________________________________
74-17    Print Name:_____________________________Date:______________________
74-18    Address:___________________________________________________________
74-19          Sec. 166.165 [135.017].  CIVIL ACTION.  (a)  A person who is
74-20    a near relative of the principal or a responsible adult who is
74-21    directly interested in the principal, including a guardian, social
74-22    worker, physician, or clergyman, may bring an action in district
74-23    court to request that the medical [durable] power of attorney [for
74-24    health care] be revoked because the principal, at the time the
74-25    medical [durable] power of attorney [for health care] was signed:
74-26                (1)  was not competent [of sound mind to make a health
 75-1    care decision]; or
 75-2                (2)  was under duress, fraud, or undue influence.
 75-3          (b)  The action may be brought in the county of the
 75-4    principal's residence or the residence of the person bringing the
 75-5    action.
 75-6          (c)  During the pendency of the action, the authority of the
 75-7    agent to make health care decisions continues in effect unless the
 75-8    district court orders otherwise.
 75-9          Sec. 166.166 [135.018].  OTHER RIGHTS OR RESPONSIBILITIES NOT
75-10    AFFECTED.  (a)  This subchapter [chapter] does not limit or impair
75-11    any legal right or responsibility that any person, including a
75-12    physician or health or residential care provider, may have to make
75-13    or implement health care decisions on behalf of a person.
75-14          (b)  If an attending physician or health care facility is
75-15    unwilling to honor a patient's advance directive or a treatment
75-16    decision to provide life-sustaining treatment, life-sustaining
75-17    treatment is required to be provided the patient, but only until a
75-18    reasonable opportunity has been afforded for transfer of the
75-19    patient to another physician or health care facility willing to
75-20    comply with the advance directive or treatment decision.
75-21                     ARTICLE 2.  CONFORMING AMENDMENTS
75-22          SECTION 2.01.  Subsection (a), Section 313.003, Health and
75-23    Safety Code, is amended to read as follows:
75-24          (a)  This chapter does not apply to:
75-25                (1)  a decision to withhold or withdraw life-sustaining
75-26    treatment from qualified terminal or irreversible patients under
 76-1    Subchapter B, Chapter 166 [the terms of Chapter 672];
 76-2                (2)  a health care decision made under a medical
 76-3    [durable] power of attorney [for health care] under Subchapter D,
 76-4    Chapter 166 [Chapter 135, Civil Practice and Remedies Code], or
 76-5    under Chapter XII, Texas Probate Code;
 76-6                (3)  consent to medical treatment of minors under
 76-7    Chapter 32 [35], Family Code;
 76-8                (4)  consent for emergency care under Chapter 773;
 76-9                (5)  hospital patient transfers under Chapter 241; or
76-10                (6)  a patient's legal guardian who has the authority
76-11    to make a decision regarding the patient's medical treatment.
76-12          SECTION 2.02.  Subchapter A, Chapter 142, Health and Safety
76-13    Code, is amended by adding Section 142.0145 to read as follows:
76-14          Sec. 142.0145.  VIOLATION OF LAW RELATING TO ADVANCE
76-15    DIRECTIVES.  (a)  The department shall assess an administrative
76-16    penalty against a home and community support services agency that
76-17    violates Section 166.004.
76-18          (b)  A penalty assessed under this section shall be $500.
76-19          (c)  The penalty shall be assessed in accordance with
76-20    department rules. The rules must provide for notice and an
76-21    opportunity for a hearing.
76-22          SECTION 2.03.  Subsections (a) and (c), Section 241.059,
76-23    Health and Safety Code, are amended to read as follows:
76-24          (a)  The commissioner of health may assess an administrative
76-25    penalty against a hospital that violates this chapter, a rule
76-26    adopted pursuant to this chapter, a special license provision, an
 77-1    order or emergency order issued by the commissioner or the
 77-2    commissioner's designee, or another enforcement procedure permitted
 77-3    under this chapter.  The commissioner shall assess an
 77-4    administrative penalty against a hospital that violates Section
 77-5    166.004.
 77-6          (c)  The penalty may not exceed $1,000 for each violation,
 77-7    except that the penalty for a violation of Section 166.004 shall be
 77-8    $500.  Each day of a continuing violation, other than a violation
 77-9    of Section 166.004, may be considered a separate violation.
77-10          SECTION 2.04.  Subchapter C, Chapter 242, Health and Safety
77-11    Code, is amended by adding Section 242.0663 to read as follows:
77-12          Sec. 242.0663.  VIOLATION OF LAW RELATING TO ADVANCE
77-13    DIRECTIVES.  (a)  The department shall assess an administrative
77-14    penalty under this subchapter against an institution that violates
77-15    Section 166.004.
77-16          (b)  Notwithstanding Sections 242.066(b) and (c), a penalty
77-17    assessed in accordance with this section shall be $500 and a
77-18    separate penalty may not be assessed for a separate day of a
77-19    continuing violation.
77-20          (c)  Section 242.0665 does not apply to a penalty assessed in
77-21    accordance with this section.
77-22          SECTION 2.05.  Subchapter C, Chapter 247, Health and Safety
77-23    Code, is amended by adding Section 247.0455 to read as follows:
77-24          Sec. 247.0455.  VIOLATION OF LAW RELATING TO ADVANCE
77-25    DIRECTIVES.  (a)  The department shall assess an administrative
77-26    penalty against a personal care facility that violates Section
 78-1    166.004.
 78-2          (b)  A penalty assessed under this section shall be $500.
 78-3          (c)  The penalty shall be assessed in accordance with
 78-4    department rules.  The rules must provide for notice and an
 78-5    opportunity for a hearing.
 78-6          SECTION 2.06.  Subchapter C, Chapter 248, Health and Safety
 78-7    Code, is amended by adding Section 248.0545 to read as follows:
 78-8          Sec. 248.0545.  VIOLATION OF LAW RELATING TO ADVANCE
 78-9    DIRECTIVES.  (a)  The department shall assess an administrative
78-10    penalty against a special care facility that violates Section
78-11    166.004.
78-12          (b)  A penalty assessed under this section shall be $500.
78-13          (c)  The penalty shall be assessed in accordance with
78-14    department rules.  The rules must provide for notice and an
78-15    opportunity for a hearing.
78-16                ARTICLE 3.  TRANSITION AND EMERGENCY CLAUSE
78-17          SECTION 3.01.  This Act takes effect September 1, 1999.
78-18          SECTION 3.02.  (a)  The change in law made by this Act does
78-19    not affect the validity of a document executed under Chapter 672 or
78-20    674, Health and Safety Code, or Chapter 135, Civil Practice and
78-21    Remedies Code, before the effective date of this Act.  A document
78-22    executed before the effective date of this Act is governed by the
78-23    law in effect on the date the document was executed, and that law
78-24    continues in effect for that purpose.
78-25          (b)  A reference in a law to a durable power of attorney for
78-26    health care means a medical power of attorney, as defined by
 79-1    Section 166.002, Health and Safety Code, as added by this Act.
 79-2          SECTION 3.03.  (a) The change in law made by this Act applies
 79-3    only to the punishment for an offense committed on or after the
 79-4    effective date of this Act.  For purposes of this section, an
 79-5    offense is committed before the effective date of this Act if any
 79-6    element of the offense occurs before the effective date.
 79-7          (b)  An offense committed before the effective date of this
 79-8    Act is covered by the law in effect when the offense was committed,
 79-9    and the former law is continued in effect for that purpose.
79-10          SECTION 3.04.  The change in law made by this Act to
79-11    Subsection (b), Section 166.045, and Subsection (b), Section
79-12    166.095, Health and Safety Code, as redesignated by this Act,
79-13    applies only to conduct that occurs on or after January 1, 2000.
79-14    Conduct that occurs before January 1, 2000, is governed by the law
79-15    as it existed immediately before the effective date of this Act,
79-16    and that law is continued in effect for that purpose.
79-17          SECTION 3.05.  The importance of this legislation and the
79-18    crowded condition of the calendars in both houses create an
79-19    emergency and an imperative public necessity that the
79-20    constitutional rule requiring bills to be read on three several
79-21    days in each house be suspended, and this rule is hereby suspended.