76R12915 CMR-F                          
         By Moncrief                                           S.B. No. 1260
         Substitute the following for S.B. No. 1260:
         By Maxey                                          C.S.S.B. No. 1260
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain advance directives for medical treatment;
 1-3     providing administrative penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5                       ARTICLE 1.  ADVANCE DIRECTIVES
 1-6           SECTION 1.01.  Subtitle H, Title 2, Health and Safety Code,
 1-7     is amended by adding a chapter heading for Chapter 166 to read as
 1-8     follows:
 1-9                      CHAPTER 166.  ADVANCE DIRECTIVES
1-10           SECTION 1.02.  Subtitle H, Title 2, Health and Safety Code,
1-11     is amended by adding Subchapter A, Chapter 166, to read as follows:
1-12                      SUBCHAPTER A.  GENERAL PROVISIONS
1-13           Sec. 166.001.  SHORT TITLE.  This chapter may be cited as the
1-14     Advance Directives Act.
1-15           Sec. 166.002.  DEFINITIONS.  In this chapter:
1-16                 (1)  "Advance directive" means:
1-17                       (A)  a directive, as that term is defined by
1-18     Section 166.031;
1-19                       (B)  an out-of-hospital DNR order, as that term
1-20     is defined by Section 166.081; or
1-21                       (C)  a medical power of attorney under Subchapter
1-22     D.
1-23                 (2)  "Artificial nutrition and hydration" means the
1-24     provision of nutrients or fluids by a tube inserted in a vein,
 2-1     under the skin in the subcutaneous tissues, or in the stomach
 2-2     (gastrointestinal tract).
 2-3                 (3)  "Attending physician" means a physician selected
 2-4     by or assigned to a patient who has primary responsibility for a
 2-5     patient's treatment and care.
 2-6                 (4)  "Competent" means possessing the ability, based on
 2-7     reasonable medical judgment, to understand and appreciate the
 2-8     nature and  consequences of a treatment decision, including the
 2-9     significant benefits and harms of and reasonable alternatives to a
2-10     proposed treatment decision.
2-11                 (5)  "Declarant" means a person who has executed or
2-12     issued a directive under this chapter.
2-13                 (6)  "Ethics or medical committee" means a committee
2-14     established under Sections 161.031-161.033.
2-15                 (7)  "Health care or treatment decision" means consent,
2-16     refusal to consent, or withdrawal of consent to health care,
2-17     treatment, service, or a procedure to maintain, diagnose, or treat
2-18     an individual's physical or mental condition.
2-19                 (8)  "Incompetent" means lacking the ability, based on
2-20     reasonable medical judgment, to understand and appreciate the
2-21     nature and consequences of a treatment decision, including the
2-22     significant benefits and harms of and reasonable alternatives to a
2-23     proposed treatment decision.
2-24                 (9)  "Irreversible condition" means a condition,
2-25     injury, or illness:
2-26                       (A)  that may be treated but is never cured or
2-27     eliminated;
 3-1                       (B)  that leaves a person unable to care for or
 3-2     make decisions for the person's own self; and
 3-3                       (C)  that, without life-sustaining treatment
 3-4     provided in accordance with the prevailing standard of medical
 3-5     care, is fatal.
 3-6                 (10)  "Life-sustaining treatment" means treatment that,
 3-7     based on reasonable medical judgment, sustains the life of a
 3-8     patient and without which the patient will die.  The term includes
 3-9     both life-sustaining medications and artificial life support, such
3-10     as mechanical breathing machines, kidney dialysis treatment, and
3-11     artificial nutrition and hydration.  The term does not include the
3-12     administration of pain management medication or the performance of
3-13     a medical procedure considered to be necessary to provide comfort
3-14     care, or any other medical care provided to alleviate a patient's
3-15     pain.
3-16                 (11)  "Medical power of attorney" means a document
3-17     delegating to an agent authority to make health care decisions
3-18     executed or issued under Subchapter D.
3-19                 (12)  "Physician" means:
3-20                       (A)  a physician licensed by the Texas State
3-21     Board of Medical Examiners; or
3-22                       (B)  a properly credentialed physician who holds
3-23     a commission in the uniformed services of the United States and who
3-24     is serving on active duty in this state.
3-25                 (13)  "Terminal condition" means an incurable condition
3-26     caused by injury, disease, or illness that according to reasonable
3-27     medical judgment will produce death within six months, even with
 4-1     available life-sustaining treatment provided in accordance with the
 4-2     prevailing standard of medical care.  A patient who has been
 4-3     admitted to a program under which the person receives hospice
 4-4     services provided by a home and community support services agency
 4-5     licensed under Chapter 142 is presumed to have a terminal condition
 4-6     for purposes of this chapter.
 4-7                 (14)  "Witness" means a person who may serve as a
 4-8     witness under Section 166.003.
 4-9           Sec. 166.003.  WITNESSES.  In any circumstance in which this
4-10     chapter requires the execution of an advance directive or the
4-11     issuance of a nonwritten advance directive to be witnessed:
4-12                 (1)  each witness must be a competent adult; and
4-13                 (2)  at least one of the witnesses must be a person who
4-14     is not:
4-15                       (A)  a person designated by the declarant to make
4-16     a treatment decision;
4-17                       (B)  a person related to the declarant by blood
4-18     or marriage;
4-19                       (C)  a person entitled to any part of the
4-20     declarant's estate after the declarant's death under a will or
4-21     codicil executed by the declarant or by operation of law;
4-22                       (D)  the attending physician;
4-23                       (E)  an employee of the attending physician;
4-24                       (F)  an employee of a health care facility in
4-25     which the declarant is a patient if the employee is providing
4-26     direct patient care to the declarant or is an officer, director,
4-27     partner, or business office employee of the health care facility or
 5-1     of any parent organization of the health care facility; or
 5-2                       (G)  a person who, at the time the written
 5-3     advance directive is executed or, if the directive is a nonwritten
 5-4     directive issued under this chapter, at the time the nonwritten
 5-5     directive is issued, has a claim against any part of the
 5-6     declarant's estate after the declarant's death.
 5-7           Sec. 166.004.  STATEMENT RELATING TO ADVANCE DIRECTIVE.  (a)
 5-8     In this section, "health care provider" means:
 5-9                 (1)  a hospital;
5-10                 (2)  an institution licensed under Chapter 242,
5-11     including a skilled nursing facility;
5-12                 (3)  a home and community support services agency;
5-13                 (4)  a personal care facility; and
5-14                 (5)  a special care facility.
5-15           (b)  A health care provider shall maintain written policies
5-16     regarding the implementation of advance directives.  The policies
5-17     must include a clear and precise statement of any procedure the
5-18     health care provider is unwilling or unable to provide or withhold
5-19     in accordance with an advance directive.
5-20           (c)  Except as provided by Subsection (g), the health care
5-21     provider shall provide written notice to an individual of the
5-22     written policies described by Subsection (b).  The notice must be
5-23     provided at the earlier of:
5-24                 (1)  the time the individual is admitted to receive
5-25     services from the health care provider; or
5-26                 (2)  the time the health care provider begins providing
5-27     care to the individual.
 6-1           (d)  If, at the time notice is to be provided under
 6-2     Subsection (c), the individual is incompetent or otherwise
 6-3     incapacitated and unable to receive the notice required by this
 6-4     section, the provider shall provide the required written notice, in
 6-5     the following order of preference, to:
 6-6                 (1)  the individual's legal guardian;
 6-7                 (2)  a person responsible for the health care decisions
 6-8     of the individual;
 6-9                 (3)  the individual's spouse;
6-10                 (4)  the individual's adult child;
6-11                 (5)  the individual's parent; or
6-12                 (6)  the person admitting the individual.
6-13           (e)  If Subsection (d) applies and except as provided by
6-14     Subsection (f), if a health care provider is unable, after diligent
6-15     search, to locate an individual listed by Subsection (d), the
6-16     health care provider is not required to provide the notice.
6-17           (f)  If an individual who was incompetent or otherwise
6-18     incapacitated and unable to receive the notice required by this
6-19     section at the time notice was to be provided under Subsection (c)
6-20     later becomes able to receive the notice, the health care provider
6-21     shall provide the written notice at the time the individual becomes
6-22     able to receive the notice.
6-23           (g)  This section does not apply to outpatient hospital
6-24     services, including emergency services.
6-25           Sec. 166.005.  ENFORCEABILITY OF ADVANCE DIRECTIVES EXECUTED
6-26     IN ANOTHER JURISDICTION.  An advance directive or similar
6-27     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
7-27     insurance for health care services or receiving health care
 8-1     services.
 8-2           Sec. 166.008.  CONFLICT BETWEEN ADVANCE DIRECTIVES.  To the
 8-3     extent that a treatment decision or an advance directive validly
 8-4     executed or issued under this chapter conflicts with another
 8-5     treatment decision or an advance directive executed or issued under
 8-6     this chapter, the treatment decision made or instrument executed
 8-7     later in time controls.
 8-8           Sec. 166.009.  CERTAIN LIFE-SUSTAINING TREATMENT NOT
 8-9     REQUIRED.  This chapter may not be construed to require the
8-10     provision of life-sustaining treatment that cannot be provided to a
8-11     patient without denying the same treatment to another patient.
8-12           SECTION 1.03.  Chapter 672, Health and Safety Code, is
8-13     transferred to Subtitle H, Title 2, Health and Safety Code, is
8-14     redesignated as Subchapter B, Chapter 166, Health and Safety Code,
8-15     and is amended to read as follows:
8-16        SUBCHAPTER B.  DIRECTIVE TO PHYSICIANS [CHAPTER 672.  NATURAL]
8-17                                 [DEATH ACT]
8-18           [Sec. 672.001.  SHORT TITLE.  This chapter may be cited as
8-19     the Natural Death Act.]
8-20           Sec. 166.031 [672.002].  DEFINITIONS.  In this subchapter
8-21     [chapter]:
8-22                 (1)  ["Attending physician" means the physician who has
8-23     primary responsibility for a patient's treatment and care.]
8-24                 [(2)  "Competent" means possessing the ability, based
8-25     on reasonable medical judgment, to understand and appreciate the
8-26     nature and consequences of a treatment decision, including the
8-27     significant benefits and harms of and reasonable alternatives to a
 9-1     proposed treatment decision.]
 9-2                 [(3)  "Declarant" means a person who has executed or
 9-3     issued a directive under this chapter.]
 9-4                 [(4)]  "Directive" means an instruction made under
 9-5     Section 166.032, 166.034, or 166.035 [672.003, 672.005, or 672.006]
 9-6     to administer, withhold, or withdraw life-sustaining treatment
 9-7     [procedures] in the event of a terminal or irreversible condition.
 9-8                 (2) [(5)  "Incompetent" means lacking the ability,
 9-9     based on reasonable medical judgment, to understand and appreciate
9-10     the nature and consequences of a treatment decision, including the
9-11     significant benefits and harms of and reasonable alternatives to a
9-12     proposed treatment decision.]
9-13                 [(6)  "Life-sustaining procedure" means a medical
9-14     procedure or intervention that uses mechanical or other artificial
9-15     means to sustain, restore, or supplant a vital function, and only
9-16     artificially postpones the moment of death of a patient in a
9-17     terminal condition whose death is imminent or will result within a
9-18     relatively short time without the application of the procedure.
9-19     The term does not include the administration of medication or the
9-20     performance of a medical procedure considered to be necessary to
9-21     provide comfort or care or to alleviate pain.]
9-22                 [(7)  "Physician" means a physician licensed by the
9-23     Texas State Board of Medical Examiners or a properly credentialed
9-24     physician who holds a commission in the uniformed services of the
9-25     United States and who is serving on active duty in this state.]
9-26                 [(8)]  "Qualified patient" means a patient with a
9-27     terminal or irreversible condition that has been diagnosed and
 10-1    certified in writing by the attending physician [and one other
 10-2    physician who have personally examined the patient].
 10-3                [(9)  "Terminal condition" means an incurable or
 10-4    irreversible condition caused by injury, disease, or illness that
 10-5    would produce death without the application of life-sustaining
 10-6    procedures, according to reasonable medical judgment, and in which
 10-7    the application of life-sustaining procedures serves only to
 10-8    postpone the moment of the patient's death.]
 10-9          Sec. 166.032 [672.003].  WRITTEN DIRECTIVE BY COMPETENT
10-10    ADULT; NOTICE TO PHYSICIAN.  (a)  A competent adult may at any time
10-11    execute a written directive.
10-12          (b)  The declarant must sign the directive in the presence of
10-13    two witnesses who qualify under Section 166.003, at least one of
10-14    whom must be a witness who qualifies under Section 166.003(2).  The
10-15    [and those] witnesses must sign the directive.
10-16          (c)  [A witness may not be:]
10-17                [(1)  a person designated by the declarant to make a
10-18    treatment decision;]
10-19                [(2)  a person related to the declarant by blood or
10-20    marriage;]
10-21                [(3)  a person entitled to any part of the declarant's
10-22    estate after the declarant's death under a will or codicil executed
10-23    by the declarant or by operation of law;]
10-24                [(4)  the attending physician;]
10-25                [(5)  an employee of the attending physician;]
10-26                [(6)  an employee of a health care facility in which
10-27    the declarant is a patient if the employee is providing direct
 11-1    patient care to the declarant or is an officer, director, partner,
 11-2    or business office employee of the health care facility or of any
 11-3    parent organization of the health care facility; or]
 11-4                [(7)  a person who, at the time the written directive
 11-5    is executed or if the directive is a nonwritten directive issued
 11-6    under Section 672.005, at the time the nonwritten directive is
 11-7    issued, has a claim against any part of the declarant's estate
 11-8    after the declarant's death.]
 11-9          [(d)]  A declarant may include in a directive directions
11-10    other than those provided by Section 166.033 [672.004] and may
11-11    designate in a directive a person to make a treatment decision for
11-12    the declarant in the event the declarant becomes [comatose,]
11-13    incompetent[,] or otherwise mentally or physically incapable of
11-14    communication.
11-15          (d) [(e)]  A declarant shall notify the attending physician
11-16    of the existence of a written directive.  If the declarant is
11-17    [comatose,] incompetent[,] or otherwise mentally or physically
11-18    incapable of communication, another person may notify the attending
11-19    physician of the existence of the written directive.  The attending
11-20    physician shall make the directive a part of the declarant's
11-21    medical record.
11-22          Sec. 166.033 [672.004].  FORM OF WRITTEN DIRECTIVE.  A
11-23    written directive may be in the following form:
11-24             DIRECTIVE TO PHYSICIANS AND FAMILY OR SURROGATES
11-25    Instructions for completing this document:
11-26          This is an important legal document known as an Advance
11-27    Directive.  It is designed to help you communicate your wishes
 12-1    about medical treatment at some time in the future when you are
 12-2    unable to make your wishes known because of illness or injury.
 12-3    These wishes are usually based on personal values.  In particular,
 12-4    you may want to consider what burdens or hardships of treatment you
 12-5    would be willing to accept for a particular amount of benefit
 12-6    obtained if you were seriously ill.
 12-7          You are encouraged to discuss your values and wishes with
 12-8    your family or chosen spokesperson, as well as your physician.
 12-9    Your physician, other health care provider, or medical institution
12-10    may provide you with various resources to assist you in completing
12-11    your advance directive.  Brief definitions are listed below and may
12-12    aid you in your discussions and advance planning.  Initial the
12-13    treatment choices that best reflect your personal preferences.
12-14    Provide a copy of your directive to your physician, usual hospital,
12-15    and family or spokesperson.  Consider a periodic review of this
12-16    document.  By periodic review, you can best assure that the
12-17    directive reflects your preferences.
12-18          In addition to this advance directive, Texas law provides for
12-19    two other types of directives that can be important during a
12-20    serious illness.  These are the Medical Power of Attorney and the
12-21    Out-of-Hospital Do-Not-Resuscitate Order.  You may wish to discuss
12-22    these with your physician, family, hospital representative, or
12-23    other advisers.  You may also wish to complete a directive related
12-24    to the donation of organs and tissues.
12-25                                 DIRECTIVE
12-26          I, ______________, recognize that the best health care is
12-27    based upon a partnership of trust and communication with my
 13-1    physician.  My physician and I will make health care decisions
 13-2    together as long as I am of sound mind and able to make my wishes
 13-3    known.  If there comes a time that I am unable to make medical
 13-4    decisions about myself because of illness or injury, I direct that
 13-5    the following treatment preferences be honored:
 13-6          If, in the judgment of my physician, I am suffering with a
 13-7    terminal condition from which I am expected to die within six
 13-8    months, even with available life-sustaining treatment provided in
 13-9    accordance with prevailing standards of medical care:
13-10    ____  I request that all treatments other than those needed to keep
13-11          me comfortable  be discontinued or withheld and my  physician
13-12          allow me to die as gently as possible; OR
13-13    ____  I  request  that I be kept alive in this  terminal  condition
13-14          using  available life-sustaining  treatment.  (THIS SELECTION
13-15          DOES NOT APPLY TO HOSPICE CARE.)
13-16          If, in the judgment of my physician, I am suffering with an
13-17    irreversible condition so that I cannot care for myself or make
13-18    decisions for myself and am expected to die without life-sustaining
13-19    treatment provided in accordance with prevailing standards of care:
13-20    ____  I request that all treatments other than those needed to keep
13-21          me comfortable  be discontinued or withheld and my  physician
13-22          allow me to die as gently as possible; OR
13-23    ____  I request that I be kept alive in this irreversible condition
13-24          using  available  life-sustaining  treatment. (THIS SELECTION
13-25          DOES NOT APPLY TO HOSPICE CARE.)
13-26          Additional requests:  (After discussion with your physician,
13-27    you may wish to consider listing particular treatments in this
 14-1    space that you do or do not want in specific circumstances, such as
 14-2    artificial nutrition and fluids, intravenous antibiotics, etc.  Be
 14-3    sure to state whether you do or do not want the particular
 14-4    treatment.)
 14-5    ___________________________________________________________________
 14-6    ___________________________________________________________________
 14-7    ___________________________________________________________________
 14-8          After signing this directive, if my representative or I elect
 14-9    hospice care, I understand and agree that only those treatments
14-10    needed to keep me comfortable would be provided and I would not be
14-11    given available life-sustaining treatments.
14-12          If I do not have a Medical Power of Attorney, and I am unable
14-13    to make my wishes known, I designate the following person(s) to
14-14    make treatment decisions with my physician compatible with my
14-15    personal values:
14-16    1._____________________
14-17    2._____________________
14-18    (If a Medical Power of Attorney has been executed, then an agent
14-19    already has been named and you should not list additional names in
14-20    this document.)
14-21          If the above persons are not available, or if I have not
14-22    designated a spokesperson, I understand that a spokesperson will be
14-23    chosen for me following standards specified in the laws of Texas.
14-24    If, in the judgment of my physician, my death is imminent within
14-25    minutes to hours, even with the use of all available medical
14-26    treatment provided within the prevailing standard of care, I
14-27    acknowledge that all treatments may be withheld or removed except
 15-1    those needed to maintain my comfort. I understand that under Texas
 15-2    law this directive has no effect if I have been diagnosed as
 15-3    pregnant.  This directive will remain in effect until I revoke it.
 15-4    No other person may do so.
 15-5    Signed__________________________________ Date______________________
 15-6    City, County, State of Residence __________________________________
 15-7          Two competent adult witnesses must sign below, acknowledging
 15-8    the signature of the declarant.  The witness designated as Witness
 15-9    1 may not be a person designated to make a treatment decision for
15-10    the patient and may not be related to the patient by blood or
15-11    marriage.  This witness may not be entitled to any part of the
15-12    estate and may not have a claim against the estate of the patient.
15-13    This witness may not be the attending physician or an employee of
15-14    the attending physician.  If this witness is an employee of a
15-15    health care facility in which the patient is being cared for, this
15-16    witness may not be involved in providing direct patient care to the
15-17    patient.  This witness may not be an officer, director, partner, or
15-18    business office employee of a health care facility in which the
15-19    patient is being cared for or of any parent organization of the
15-20    health care facility.
15-21    Witness 1________________________Witness 2_________________________
15-22    Definitions:
15-23          "Artificial nutrition and hydration" means the provision of
15-24    nutrients or fluids by a tube inserted in a vein, under the skin in
15-25    the subcutaneous tissues, or in the stomach (gastrointestinal
15-26    tract).
15-27          "Irreversible condition" means a condition, injury, or
 16-1    illness:
 16-2                (1)  that may be treated, but is never cured or
 16-3    eliminated;
 16-4                (2)  that leaves a person unable to care for or make
 16-5    decisions for the person's own self; and
 16-6                (3)  that, without life-sustaining treatment provided
 16-7    in accordance with the prevailing standard of medical care, is
 16-8    fatal.
 16-9          Explanation:  Many serious illnesses such as cancer, failure
16-10    of major organs (kidney, heart, liver, or lung), and serious brain
16-11    disease such as Alzheimer's dementia may be considered irreversible
16-12    early on.  There is no cure, but the patient may be kept alive for
16-13    prolonged periods of time if the patient receives life-sustaining
16-14    treatments.  Late in the course of the same illness, the disease
16-15    may be considered terminal when, even with treatment, the patient
16-16    is expected to die.  You may wish to consider which burdens of
16-17    treatment you would be willing to accept in an effort to achieve a
16-18    particular outcome.  This is a very personal decision that you may
16-19    wish to discuss with your physician, family, or other important
16-20    persons in your life.
16-21          "Life-sustaining treatment" means treatment that, based on
16-22    reasonable medical judgment, sustains the life of a patient and
16-23    without which the patient will die.  The term includes both
16-24    life-sustaining medications and artificial life support such as
16-25    mechanical breathing machines, kidney dialysis treatment, and
16-26    artificial hydration and nutrition.  The term does not include the
16-27    administration of pain management medication, the performance of a
 17-1    medical procedure necessary to provide comfort care, or any other
 17-2    medical care provided to alleviate a patient's pain.
 17-3          "Terminal condition" means an incurable condition caused by
 17-4    injury, disease, or illness that according to reasonable medical
 17-5    judgment will produce death within six months, even with available
 17-6    life-sustaining treatment provided in accordance with the
 17-7    prevailing standard of medical care.
 17-8          Explanation:  Many serious illnesses may be considered
 17-9    irreversible early in the course of the illness, but they may not
17-10    be considered terminal until the disease is fairly advanced.  In
17-11    thinking about terminal illness and its treatment, you again may
17-12    wish to consider the relative benefits and burdens of treatment and
17-13    discuss your wishes with your physician, family, or other important
17-14    persons in your life.
17-15                         ["DIRECTIVE TO PHYSICIANS]
17-16          ["Directive made this __________ day of __________ (month,
17-17    year).]
17-18          ["I ________________________, being of sound mind, wilfully
17-19    and voluntarily make known my desire that my life shall not be
17-20    artificially prolonged under the circumstances set forth in this
17-21    directive.]
17-22          ["1.  If at any time I should have an incurable or
17-23    irreversible condition caused by injury, disease, or illness
17-24    certified to be a terminal condition by two physicians, and if the
17-25    application of life-sustaining procedures would serve only to
17-26    artificially postpone the moment of my death, and if my attending
17-27    physician determines that my death is imminent or will result
 18-1    within a relatively short time without the application of
 18-2    life-sustaining procedures, I direct that those procedures be
 18-3    withheld  or  withdrawn,  and  that  I  be permitted  to  die
 18-4    naturally.]
 18-5          ["2.  In the absence of my ability to give directions
 18-6    regarding the use of those life-sustaining procedures, it is my
 18-7    intention that this directive be honored by my family and
 18-8    physicians as the final expression of my legal right to refuse
 18-9    medical or surgical treatment and accept the consequences from that
18-10    refusal.]
18-11          ["3.  If I have been diagnosed as pregnant and that diagnosis
18-12    is known to my physician, this directive has no effect during my
18-13    pregnancy.]
18-14          ["4.  This directive is in effect until it is revoked.]
18-15          ["5.  I understand the full import of this directive and I am
18-16    emotionally and mentally competent to make this directive.]
18-17          ["6.  I understand that I may revoke this directive at any
18-18    time.]
18-19                                           ["Signed
18-20    _____________________________]
18-21                                  [____________________________________]
18-22                                [(City, County, and State of Residence)]
18-23          [I am not a person designated by the declarant to make a
18-24    treatment decision.  I am not related to the declarant by blood or
18-25    marriage.  I would not be entitled to any portion of the
18-26    declarant's estate on the declarant's death.  I am not the
18-27    attending physician of the declarant or an employee of the
 19-1    attending physician.  I have no claim against any portion of the
 19-2    declarant's estate on the declarant's death.  Furthermore, if I am
 19-3    an employee of a health care facility in which the declarant is a
 19-4    patient, I am not involved in providing direct patient care to the
 19-5    declarant and am not an officer, director, partner, or  business
 19-6    office employee of the health care facility or  of  any  parent
 19-7    organization of the health care facility.]
 19-8                            ["Witness________________________________]
 19-9                            ["Witness_______________________________"]
19-10          Sec. 166.034 [672.005].  ISSUANCE OF NONWRITTEN DIRECTIVE BY
19-11    COMPETENT ADULT QUALIFIED PATIENT.  (a)  A competent qualified
19-12    patient who is an adult may issue a directive by a nonwritten means
19-13    of communication.
19-14          (b)  A declarant must issue the nonwritten directive in the
19-15    presence of the attending physician and two witnesses who qualify
19-16    under Section 166.003, at least one of whom must be a witness who
19-17    qualifies under Section 166.003(2).  [The witnesses must possess
19-18    the same qualifications as are required by Section 672.003(c).]
19-19          (c)  The physician shall make the fact of the existence of
19-20    the directive a part of the declarant's medical record, and the
19-21    names of the witnesses shall be entered [sign the entry] in the
19-22    medical record.
19-23          Sec. 166.035 [672.006].  EXECUTION OF DIRECTIVE ON BEHALF OF
19-24    PATIENT YOUNGER THAN 18 YEARS OF AGE.  The following persons may
19-25    execute a directive on behalf of a qualified patient who is younger
19-26    than 18 years of age:
19-27                (1)  the patient's spouse, if the spouse is an adult;
 20-1                (2)  the patient's parents; or
 20-2                (3)  the patient's legal guardian.
 20-3          Sec. 166.036.  NOTARIZED DOCUMENT NOT REQUIRED; REQUIREMENT
 20-4    OF SPECIFIC FORM PROHIBITED.  (a)  A written directive executed
 20-5    under Section 166.033 or 166.035 is effective without regard to
 20-6    whether the document has been notarized.
 20-7          (b)  A physician, health care facility, or health care
 20-8    professional may not require that:
 20-9                (1)  a directive be notarized; or
20-10                (2)  a person use a form provided by the physician,
20-11    health care facility, or health care professional.
20-12          Sec. 166.037 [672.007].  PATIENT DESIRE SUPERSEDES DIRECTIVE.
20-13    The desire of a [competent] qualified patient, including a
20-14    [competent] qualified patient younger than 18 years of age,
20-15    supersedes the effect of a directive.
20-16          Sec. 166.038 [672.008].  PROCEDURE WHEN DECLARANT IS
20-17    INCOMPETENT OR INCAPABLE OF COMMUNICATION.  (a)  This section
20-18    applies when an adult qualified patient has executed or issued a
20-19    directive and is [comatose,] incompetent[,] or otherwise mentally
20-20    or physically incapable of communication.
20-21          (b)  If the adult qualified patient has designated a person
20-22    to make a treatment decision as authorized by Section 166.032(c)
20-23    [672.003(d)], the attending physician and the designated person may
20-24    make a treatment decision in accordance with the declarant's
20-25    directions [to withhold or withdraw life-sustaining procedures from
20-26    the patient].
20-27          (c)  If the adult qualified patient has not designated a
 21-1    person to make a treatment decision, the attending physician shall
 21-2    comply with the directive unless the physician believes that the
 21-3    directive does not reflect the patient's present desire.
 21-4          Sec. 166.039 [672.009].  PROCEDURE WHEN PERSON HAS NOT
 21-5    EXECUTED OR ISSUED A DIRECTIVE AND IS INCOMPETENT OR INCAPABLE OF
 21-6    COMMUNICATION.  (a)  If an adult qualified patient has not executed
 21-7    or issued a directive and is [comatose,] incompetent[,] or
 21-8    otherwise mentally or physically incapable of communication, the
 21-9    attending physician and the patient's legal guardian or an agent
21-10    under a medical power of attorney may make a treatment decision
21-11    that may include a decision to withhold or withdraw life-sustaining
21-12    treatment [procedures] from the patient.
21-13          (b)  If the patient does not have a legal guardian or an
21-14    agent under a medical power of attorney, the attending  physician
21-15    and one person, if available, from one [at least two persons, if
21-16    available,] of the following categories, in the following priority,
21-17    may make a treatment decision that may include a decision to
21-18    withhold or withdraw life-sustaining treatment [procedures]:
21-19                (1)  the patient's spouse;
21-20                (2)  [a majority of] the patient's reasonably available
21-21    adult children;
21-22                (3)  the patient's parents; or
21-23                (4)  the patient's nearest living relative.
21-24          (c)  A treatment decision made under Subsection (a) or
21-25    (b)  must be based on knowledge of what the patient would desire,
21-26    if known.
21-27          (d)  A treatment decision made under Subsection (b) must be
 22-1    documented in the patient's medical record and signed by the
 22-2    attending physician.
 22-3          (e)  If the patient does not have a legal guardian and a
 22-4    person listed in Subsection (b) is not available, a treatment
 22-5    decision made under Subsection (b) must be concurred in [witnessed]
 22-6    by another physician who is not involved in the treatment of the
 22-7    patient or who is a representative of an ethics or medical
 22-8    committee of the health care facility in which the person is a
 22-9    patient.
22-10          (f)  The fact that an adult qualified patient has not
22-11    executed or issued a directive does not create a presumption that
22-12    the patient does not want a treatment decision to be made to
22-13    withhold or withdraw life-sustaining treatment [procedures].
22-14          (g)  A person listed in Subsection (b) who wishes to
22-15    challenge a treatment decision made under this section must apply
22-16    for temporary guardianship under Section 875, Texas Probate Code.
22-17    The court may waive applicable fees in that proceeding.
22-18          Sec. 166.040 [672.010].  PATIENT CERTIFICATION AND
22-19    PREREQUISITES FOR COMPLYING WITH DIRECTIVE.  (a)  An attending
22-20    physician who has been notified of the existence of a directive
22-21    shall provide for the declarant's certification as a qualified
22-22    patient on diagnosis of a terminal or irreversible condition.
22-23          (b)  Before withholding or withdrawing life-sustaining
22-24    treatment [procedures] from a qualified patient under this
22-25    subchapter [chapter], the attending physician must[:]
22-26                [(1)  determine that the patient's death is imminent or
22-27    will result within a relatively short time without application of
 23-1    those procedures;]
 23-2                [(2)  note that determination in the patient's medical
 23-3    record; and]
 23-4                [(3)]  determine that the steps proposed to be taken
 23-5    are in accord with this subchapter [chapter] and the patient's
 23-6    existing desires.
 23-7          Sec. 166.041 [672.011].  DURATION OF DIRECTIVE.  A directive
 23-8    is effective until it is revoked as prescribed by Section 166.042
 23-9    [672.012].
23-10          Sec. 166.042 [672.012].  REVOCATION OF DIRECTIVE.  (a)  A
23-11    declarant may revoke a directive at any time without regard to the
23-12    declarant's mental state or competency.  A directive may be revoked
23-13    by:
23-14                (1)  the declarant or someone in the declarant's
23-15    presence and at the declarant's direction canceling, defacing,
23-16    obliterating, burning, tearing, or otherwise destroying the
23-17    directive;
23-18                (2)  the declarant signing and dating a written
23-19    revocation that expresses the declarant's intent to revoke the
23-20    directive; or
23-21                (3)  the declarant orally stating the declarant's
23-22    intent to revoke the directive.
23-23          (b)  A written revocation executed as prescribed by
23-24    Subsection (a)(2) takes effect only when the declarant or a person
23-25    acting on behalf of the declarant notifies the attending physician
23-26    of its existence or mails the revocation to the attending
23-27    physician.  The attending physician or the physician's designee
 24-1    shall record in the patient's medical record the time and date when
 24-2    the physician received notice of the written revocation and shall
 24-3    enter the word "VOID" on each page of the copy of the directive in
 24-4    the patient's medical record.
 24-5          (c)  An oral revocation issued as prescribed by Subsection
 24-6    (a)(3) takes effect only when the declarant or a person acting on
 24-7    behalf of the declarant notifies the attending physician of the
 24-8    revocation.  The attending physician or the physician's designee
 24-9    shall record in the patient's medical record the time, date, and
24-10    place of the revocation, and, if different, the time, date, and
24-11    place that the physician received notice of the revocation.  The
24-12    attending physician or the physician's designees shall also enter
24-13    the word "VOID" on each page of the copy of the directive in the
24-14    patient's medical record.
24-15          (d)  Except as otherwise provided by this subchapter
24-16    [chapter], a person is not civilly or criminally liable for failure
24-17    to act on a revocation made under this section unless the person
24-18    has actual knowledge of the revocation.
24-19          Sec. 166.043 [672.013].  REEXECUTION OF DIRECTIVE.  A
24-20    declarant may at any time reexecute a directive in accordance with
24-21    the procedures prescribed by Section 166.032 [672.003], including
24-22    reexecution after the declarant is diagnosed as having a terminal
24-23    or irreversible condition.
24-24          [Sec. 672.014.  EFFECT OF DIRECTIVE ON INSURANCE POLICY AND
24-25    PREMIUMS.  (a)  The fact that a person has executed or issued a
24-26    directive under this chapter does not:]
24-27                [(1)  restrict, inhibit, or impair in any manner the
 25-1    sale, procurement, or issuance of a life insurance policy to that
 25-2    person; or]
 25-3                [(2)  modify the terms of an existing life insurance
 25-4    policy.]
 25-5          [(b)  Notwithstanding the terms of any life insurance policy,
 25-6    the fact that life-sustaining procedures are withheld or withdrawn
 25-7    from an insured qualified patient under this chapter does not
 25-8    legally impair or invalidate that person's life insurance policy.]
 25-9          [(c)  A physician, health facility, health provider, insurer,
25-10    or health care service plan may not require a person to execute or
25-11    issue a directive as a condition for obtaining insurance for health
25-12    care services or receiving health care services.]
25-13          [(d)  The fact that a person has executed or issued or failed
25-14    to execute or issue a directive under this chapter may not be
25-15    considered in any way in establishing insurance premiums.]
25-16          Sec. 166.044 [672.015].  LIMITATION OF LIABILITY FOR
25-17    WITHHOLDING OR WITHDRAWING LIFE-SUSTAINING PROCEDURES.  (a)  A
25-18    physician or health care facility that causes life-sustaining
25-19    treatment [procedures] to be withheld or withdrawn from a qualified
25-20    patient in accordance with this subchapter [chapter] is not civilly
25-21    liable for that action unless the physician or health care facility
25-22    fails to exercise reasonable care when applying the patient's
25-23    advance directive [negligent].
25-24          (b)  A health professional, acting under the direction of a
25-25    physician, who participates in withholding or withdrawing
25-26    life-sustaining treatment [procedures] from a qualified patient in
25-27    accordance with this subchapter [chapter] is not civilly liable for
 26-1    that action unless the health professional fails to exercise
 26-2    reasonable care when applying the patient's advance directive
 26-3    [negligent].
 26-4          (c)  A physician, or a health professional acting under the
 26-5    direction of a physician, who participates in withholding or
 26-6    withdrawing life-sustaining treatment [procedures] from a qualified
 26-7    patient in accordance with this subchapter [chapter] is not
 26-8    criminally liable or guilty of unprofessional conduct as a result
 26-9    of that action unless the physician or health professional fails to
26-10    exercise reasonable care when applying the patient's advance
26-11    directive [negligent].
26-12          (d)  The standard of care that a physician, health care
26-13    facility, or health care professional shall exercise under this
26-14    section is that degree of care that a physician, health care
26-15    facility, or health care professional, as applicable, of ordinary
26-16    prudence and skill would have exercised under the same or similar
26-17    circumstances in the same or a similar community.
26-18          Sec. 166.045 [672.016].  [LIMITATION OF] LIABILITY FOR
26-19    FAILURE TO EFFECTUATE DIRECTIVE.  (a)  A physician, health care
26-20    facility, or health care professional who has no knowledge of a
26-21    directive is not civilly or criminally liable for failing to act in
26-22    accordance with the directive.
26-23          (b)  A physician, or a health professional acting under the
26-24    direction of a physician, is subject to review and disciplinary
26-25    action by the appropriate licensing board [not civilly or
26-26    criminally liable]  for failing to effectuate a qualified patient's
26-27    directive in violation of this subchapter or other laws of this
 27-1    state.  This subsection does not limit remedies available under
 27-2    other laws  of this state.
 27-3          (c)  If an attending physician refuses to comply with a
 27-4    directive or treatment decision and does not wish to follow the
 27-5    procedure established under Section 166.046, life-sustaining
 27-6    treatment shall be provided to the patient, but only until a
 27-7    reasonable opportunity has been afforded for the [physician shall
 27-8    make a reasonable effort to] transfer of the patient to another
 27-9    physician or health care facility willing to comply with the
27-10    directive or treatment decision.
27-11          (d)  A physician, health professional acting under the
27-12    direction of a physician, or health care facility is not civilly or
27-13    criminally liable or subject to review or disciplinary action by
27-14    the person's appropriate licensing board if the person has complied
27-15    with the procedures outlined in Section 166.046.
27-16          Sec. 166.046.  PROCEDURE IF NOT EFFECTUATING A DIRECTIVE.
27-17    (a)  If an attending physician refuses to honor a patient's advance
27-18    directive or a treatment decision under Section 166.039, the
27-19    physician's refusal shall be reviewed by an ethics or medical
27-20    committee.  The attending physician may not be a member of that
27-21    committee.  The patient shall be given life-sustaining treatment
27-22    during the review.
27-23          (b)  The patient or the person responsible for the health
27-24    care decisions of the individual who has made the decision
27-25    regarding the directive or treatment decision:
27-26                (1)  shall be informed of the committee review process
27-27    not less than 48 hours before the meeting called to discuss the
 28-1    patient's directive, unless the time period is waived by mutual
 28-2    agreement; and
 28-3                (2)  is entitled to:
 28-4                      (A)  attend the meeting; and
 28-5                      (B)  receive a written explanation of the
 28-6    decision reached during the review process.
 28-7          (c)  The written explanation required by Subsection (b)(2)(B)
 28-8    must be included in the patient's medical record.
 28-9          (d)  If the attending physician, the patient, or the person
28-10    responsible for the health care decisions of the individual does
28-11    not agree with the decision reached during the review process under
28-12    Subsection (b), the physician shall make a reasonable effort to
28-13    transfer the patient to a physician who is willing to comply with
28-14    the directive.  If the patient is a patient in a health care
28-15    facility, the facility's personnel shall assist the physician in
28-16    arranging the patient's transfer to:
28-17                (1)  another physician;
28-18                (2)  an alternative care setting within that facility;
28-19    or
28-20                (3)  another facility.
28-21          (e)  If the patient is requesting life-sustaining treatment
28-22    that the attending physician and the review process have decided is
28-23    inappropriate treatment, the patient shall be given available
28-24    life-sustaining treatment pending transfer under Subsection (d).
28-25    The patient is responsible for any costs incurred in transferring
28-26    the patient to another facility.  The physician and the health care
28-27    facility are not obligated to provide life-sustaining treatment
 29-1    after the 10th day after the written decision required under
 29-2    Subsection (b) is provided to the patient or the person responsible
 29-3    for the health care decisions of the patient unless ordered to do
 29-4    so under Subsection (g).
 29-5          (f)  Life-sustaining treatment under this section may not be
 29-6    entered in the patient's medical record as medically unnecessary
 29-7    treatment until the time period provided under Subsection (e) has
 29-8    expired.
 29-9          (g)  At the request of the patient or the person responsible
29-10    for the health care decisions of the patient, the appropriate
29-11    district or county court shall extend the time period provided
29-12    under Subsection (e) only if the court finds, by a preponderance of
29-13    the evidence, that there is a reasonable expectation that a
29-14    physician or health care facility that will honor the patient's
29-15    directive will be found if the time extension is granted.
29-16          (h)  This section may not be construed to impose an
29-17    obligation on a facility or a home and community support services
29-18    agency licensed under Chapter 142 or similar organization that is
29-19    beyond the scope of the services or resources of the facility or
29-20    agency.  This section does not apply to hospice services provided
29-21    by a home or community support services agency licensed under
29-22    Chapter 142.
29-23          Sec. 166.047 [672.017].  HONORING DIRECTIVE DOES NOT
29-24    CONSTITUTE OFFENSE OF AIDING SUICIDE.  A person does not commit an
29-25    offense under Section 22.08, Penal Code, by withholding or
29-26    withdrawing life-sustaining treatment [procedures] from a qualified
29-27    patient in accordance with this subchapter [chapter].
 30-1          Sec. 166.048 [672.018].  CRIMINAL PENALTY; PROSECUTION.
 30-2    (a)  A person commits an offense if the person intentionally
 30-3    conceals, cancels, defaces, obliterates, or damages another
 30-4    person's directive without that person's consent.  An offense under
 30-5    this subsection is a Class A misdemeanor.
 30-6          (b)  A person is subject to prosecution for criminal homicide
 30-7    under Chapter 19, Penal Code, if the person, with the intent to
 30-8    cause life-sustaining treatment [procedures] to be withheld or
 30-9    withdrawn from another person contrary to the other person's
30-10    desires, falsifies or forges a directive or intentionally conceals
30-11    or withholds personal knowledge of a revocation and thereby
30-12    directly causes life-sustaining treatment [procedures] to be
30-13    withheld or withdrawn from the other person with the result that
30-14    the other person's death is hastened.
30-15          Sec. 166.049 [672.019].  PREGNANT PATIENTS.  A person may not
30-16    withdraw or withhold life-sustaining treatment [procedures] under
30-17    this subchapter [chapter] from a pregnant patient.
30-18          Sec. 166.050 [672.020].  MERCY KILLING NOT CONDONED.  This
30-19    subchapter [chapter] does not condone, authorize, or approve mercy
30-20    killing or permit an affirmative or deliberate act or omission to
30-21    end life except to permit the natural process of dying as provided
30-22    by this subchapter [chapter].
30-23          Sec. 166.051 [672.021].  LEGAL RIGHT OR RESPONSIBILITY NOT
30-24    AFFECTED.  This subchapter [chapter] does not impair or supersede
30-25    any legal right or responsibility a person may have to effect the
30-26    withholding or withdrawal of life-sustaining treatment [procedures]
30-27    in a lawful manner, provided that if an attending physician or
 31-1    health care facility is unwilling to honor a patient's advance
 31-2    directive or a treatment decision to provide life-sustaining
 31-3    treatment, life-sustaining treatment is required to be provided the
 31-4    patient, but only until a reasonable opportunity has been afforded
 31-5    for transfer of the patient to another physician or health care
 31-6    facility willing to comply with the advance directive or treatment
 31-7    decision.
 31-8          SECTION 1.04.  Chapter 674, Health and Safety Code, is
 31-9    transferred to Subtitle H, Title 2, Health and Safety Code, is
31-10    redesignated as Subchapter C, Chapter 166, Health and Safety Code,
31-11    and is amended to read as follows:
31-12               SUBCHAPTER C [CHAPTER 674].  OUT-OF-HOSPITAL
31-13                         DO-NOT-RESUSCITATE ORDERS
31-14          Sec. 166.081 [674.001].  DEFINITIONS.  In this subchapter
31-15    [chapter]:
31-16                (1)  ["Attending physician" means the physician who has
31-17    primary responsibility for a person's treatment and care.]
31-18                [(2)  "Board" means the Texas Board of Health.]
31-19                [(3)]  "Cardiopulmonary resuscitation" means any
31-20    medical intervention used to restore circulatory or respiratory
31-21    function that has ceased [includes a component of cardiopulmonary
31-22    resuscitation].
31-23                (2) [(4)  "Competent" means possessing the ability,
31-24    based on reasonable medical judgment, to understand and appreciate
31-25    the nature and consequences of a treatment decision, including the
31-26    significant benefits and harms of, and reasonable alternatives to,
31-27    a proposed treatment decision.]
 32-1                [(5)  "Declarant" means a person who has executed or
 32-2    issued an out-of-hospital do-not-resuscitate order under this
 32-3    chapter.]
 32-4                [(6)  "Department" means the Texas Department of
 32-5    Health.]
 32-6                [(7)]  "DNR identification device" means an
 32-7    identification device specified by the board under Section 166.101
 32-8    [674.023] that is worn for the purpose of identifying a person who
 32-9    has executed or issued an out-of-hospital DNR order or on whose
32-10    behalf an out-of-hospital DNR order has been executed or issued
32-11    under this subchapter [chapter].
32-12                (3) [(8)  "Durable power of attorney for health care"
32-13    means a document delegating to an agent the authority to make
32-14    health care decisions for a person in accordance with Chapter 135,
32-15    Civil Practice and Remedies Code.]
32-16                [(9)]  "Emergency medical services" has the meaning
32-17    assigned by Section 773.003.
32-18                (4) [(10)]  "Emergency medical services personnel" has
32-19    the meaning assigned by Section 773.003.
32-20                (5) [(11)]  "Health care professionals" means
32-21    physicians, physician assistants, nurses, and emergency medical
32-22    services personnel and, unless the context requires otherwise,
32-23    includes hospital emergency personnel.
32-24                (6) [(12)  "Incompetent" means lacking the ability,
32-25    based on reasonable medical judgment, to understand and appreciate
32-26    the nature and consequences of a treatment decision, including the
32-27    significant benefits and harms of, and reasonable alternatives to,
 33-1    a proposed treatment decision.]
 33-2                [(13)  "Life-sustaining procedure" means a medical
 33-3    procedure, treatment, or intervention that uses mechanical or other
 33-4    artificial means to sustain, restore, or supplant a spontaneous
 33-5    vital function and, when applied to a person in a terminal
 33-6    condition, serves only to prolong the process of dying.  The term
 33-7    does not include the administration of medication or the
 33-8    performance of a medical procedure considered to be necessary to
 33-9    provide comfort or care or to alleviate pain or the provision of
33-10    water or nutrition.]
33-11                [(14)]  "Out-of-hospital DNR order":
33-12                      (A)  means a legally binding out-of-hospital
33-13    do-not-resuscitate order, in the form specified by the board under
33-14    Section 166.083 [674.003], prepared and signed by the attending
33-15    physician of a person [who has been diagnosed as having a terminal
33-16    condition], that documents the instructions of a person or the
33-17    person's legally authorized representative and directs health care
33-18    professionals acting in an out-of-hospital setting not to initiate
33-19    or continue the following life-sustaining treatment [procedures]:
33-20                            (i)  cardiopulmonary resuscitation;
33-21                            (ii)  [endotrachacheal intubation or other
33-22    means of] advanced airway management;
33-23                            (iii)  artificial ventilation;
33-24                            (iv)  defibrillation;
33-25                            (v)  transcutaneous cardiac pacing; and
33-26                            (vi)  [the administration of cardiac
33-27    resuscitation medications; and]
 34-1                            [(vii)]  other life-sustaining treatment
 34-2    [procedures] specified by the board under Section 166.101(a)
 34-3    [674.023(a)]; and
 34-4                      (B)  does not include authorization to withhold
 34-5    medical interventions or therapies considered necessary to provide
 34-6    comfort [or] care or to alleviate pain or to provide water or
 34-7    nutrition.
 34-8                (7) [(15)]  "Out-of-hospital setting" means a location
 34-9    [any setting outside of a licensed acute care hospital] in which
34-10    health care professionals are called for assistance, including
34-11    long-term care facilities, in-patient hospice facilities, private
34-12    homes, hospital outpatient or emergency departments, physician's
34-13    offices, and vehicles during transport.
34-14                (8) [(16)  "Physician" means a physician licensed by
34-15    the Texas State Board of Medical Examiners or a properly
34-16    credentialed physician who holds a commission in the uniformed
34-17    services of the United States and who is serving on active duty in
34-18    this state.]
34-19                [(17)]  "Proxy" means a person designated and
34-20    authorized by a directive executed or issued in accordance with
34-21    Subchapter B [Chapter 672] to make a treatment decision for another
34-22    person in the event the other person becomes [comatose,]
34-23    incompetent[,] or otherwise mentally or physically incapable of
34-24    communication.
34-25                (9) [(18)]  "Qualified relatives" means those persons
34-26    authorized to execute or issue an out-of-hospital DNR order on
34-27    behalf of a person who is [comatose,] incompetent[,] or otherwise
 35-1    mentally or physically incapable of communication under Section
 35-2    166.088 [674.008].
 35-3                (10) [(19)]  "Statewide out-of-hospital DNR protocol"
 35-4    means a set of statewide standardized procedures adopted by the
 35-5    board under Section 166.101(a) [674.023] for withholding
 35-6    cardiopulmonary resuscitation and certain other life-sustaining
 35-7    treatment [procedures] by health care professionals acting in
 35-8    out-of-hospital settings.
 35-9                [(20)  "Terminal condition" means an incurable or
35-10    irreversible condition caused by injury, disease, or illness that
35-11    would produce death without the application of life-sustaining
35-12    procedures, according to reasonable medical judgment, and in which
35-13    the application of life-sustaining procedures serves only to
35-14    postpone the moment of the person's death.]
35-15          Sec. 166.082 [674.002].  OUT-OF-HOSPITAL DNR ORDER; DIRECTIVE
35-16    TO PHYSICIANS.  (a)  A competent person [who has been diagnosed by
35-17    a physician as having a terminal condition] may at any time execute
35-18    a written out-of-hospital DNR order directing health care
35-19    professionals acting in an out-of-hospital setting to withhold
35-20    cardiopulmonary resuscitation and certain other life-sustaining
35-21    treatment [procedures] designated by the board.
35-22          (b)  The declarant must sign the out-of-hospital DNR order in
35-23    the presence of two witnesses who qualify under Section 166.003, at
35-24    least one of whom must be a witness who qualifies under Section
35-25    166.003(2).  The [and those] witnesses must sign the  order.  The
35-26    attending physician of the declarant must sign the order and shall
35-27    make the fact of the existence of the order and the reasons for
 36-1    execution of the order a part of the declarant's medical record.
 36-2          (c)  [A witness must have the same qualifications as those
 36-3    provided by Section 672.003(c).]
 36-4          [(d)]  If the person is incompetent but previously executed
 36-5    or issued a directive to physicians in accordance with Subchapter B
 36-6    [Chapter 672], the physician may rely on the directive as the
 36-7    person's instructions to issue an out-of-hospital DNR order and
 36-8    shall place a copy of the directive in the person's medical record.
 36-9    The physician shall sign the order in lieu of the person signing
36-10    under Subsection (b).
36-11          (d) [(e)]  If the person is incompetent but previously
36-12    executed or issued a directive to physicians in accordance with
36-13    Subchapter B [Chapter 672] designating a proxy, the proxy may make
36-14    any decisions required of the designating person as to an
36-15    out-of-hospital DNR order and shall sign the order in lieu of the
36-16    person signing under Subsection (b).
36-17          (e) [(f)]  If the person is now incompetent but previously
36-18    executed or issued a medical [durable] power of attorney [for
36-19    health care in accordance with Chapter 135, Civil Practice and
36-20    Remedies Code,] designating an agent, the agent may make any
36-21    decisions required of the designating person as to an
36-22    out-of-hospital DNR order and shall sign the order in lieu of the
36-23    person signing under Subsection (b).
36-24          (f) [(g)]  The board, on the recommendation of the
36-25    department, shall by rule adopt procedures for the disposition and
36-26    maintenance of records of an original out-of-hospital DNR order and
36-27    any copies of the order.
 37-1          (g) [(h)]  An out-of-hospital DNR order is effective on its
 37-2    execution.
 37-3          Sec. 166.083 [674.003].  FORM OF OUT-OF-HOSPITAL DNR ORDER.
 37-4    (a)  A written out-of-hospital DNR order shall be in the standard
 37-5    form specified by board rule as recommended by the department.
 37-6          (b)  The standard form of an out-of-hospital DNR order
 37-7    specified by the board must, at a minimum, contain the following:
 37-8                (1)  a distinctive single-page format that readily
 37-9    identifies the document as an out-of-hospital DNR order;
37-10                (2)  a title that readily identifies the document as an
37-11    out-of-hospital DNR order;
37-12                (3)  the printed or typed name of the person;
37-13                (4)  a statement that the physician signing the
37-14    document is the attending physician of the person[, that the
37-15    physician has diagnosed the person as having a terminal condition,]
37-16    and that the physician is directing health care professionals
37-17    acting in out-of-hospital settings, including a hospital emergency
37-18    department, not to initiate or continue certain life-sustaining
37-19    treatment [procedures] on behalf of the person, and a listing of
37-20    those procedures not to be initiated or continued;
37-21                (5)  a statement that the person understands that the
37-22    person may revoke the out-of-hospital DNR order at any time by
37-23    destroying the order and removing the DNR identification device, if
37-24    any, or by communicating to health care professionals at the scene
37-25    the person's desire to revoke the out-of-hospital DNR order;
37-26                (6)  places for the printed names and signatures of the
37-27    witnesses and attending physician of the person and the medical
 38-1    license number of the attending physician;
 38-2                (7)  a separate section for execution of the document
 38-3    by the legal guardian of the person, the person's proxy, an agent
 38-4    of the person having a medical [durable] power of attorney [for
 38-5    health care], or the attending physician attesting to the issuance
 38-6    of an out-of-hospital DNR order by nonwritten means of
 38-7    communication or acting in accordance with a previously executed or
 38-8    previously issued directive to physicians under Section 166.082(c)
 38-9    [674.002(d)] that includes the following:
38-10                      (A)  a statement that the legal guardian, the
38-11    proxy, the agent, the person by nonwritten means of communication,
38-12    or the physician directs that each [the] listed life-sustaining
38-13    treatment [procedures] should not be initiated or continued in
38-14    behalf of the person; and
38-15                      (B)  places for the printed names and signatures
38-16    of the witnesses and, as applicable, the legal guardian, proxy,
38-17    agent, or physician;
38-18                (8)  a separate section for execution of the document
38-19    by at least one [two] qualified relative [relatives] of the person
38-20    when the person does not have a legal guardian, proxy, or agent
38-21    having a medical [durable] power of attorney [for health care] and
38-22    is [comatose,] incompetent[,] or otherwise mentally or physically
38-23    incapable of communication, including:
38-24                      (A)  a statement that the relative [relatives] of
38-25    the person is [are] qualified to make a treatment decision to
38-26    withhold  cardiopulmonary resuscitation and certain other
38-27    designated life-sustaining treatment [procedures] under Section
 39-1    166.088 [674.008] and, based on the known desires of the person or
 39-2    a determination of the best interest of the person, directs
 39-3    [direct] that each [the] listed life-sustaining treatment
 39-4    [procedures] should not be initiated or continued in behalf of the
 39-5    person; and
 39-6                      (B)  places for the printed names and signatures
 39-7    of the witnesses and qualified relative [relatives] of the person;
 39-8                (9)  a place for entry of the date of execution of the
 39-9    document;
39-10                (10)  a statement that the document is in effect on the
39-11    date of its execution and remains in effect until the death of the
39-12    person or until the document is revoked;
39-13                (11)  a statement that the document must accompany the
39-14    person during transport;
39-15                (12)  a statement regarding the proper disposition of
39-16    the document or copies of the document, as the board determines
39-17    appropriate; and
39-18                (13)  a statement at the bottom of the document, with
39-19    places for the signature of each person executing the document,
39-20    that the document has been properly completed.
39-21          (c)  The board may, by rule and as recommended by the
39-22    department, modify the standard form of the out-of-hospital DNR
39-23    order described by Subsection (b)  in order to accomplish the
39-24    purposes of this subchapter [chapter].
39-25          (d)  A photocopy or other complete facsimile of the original
39-26    written out-of-hospital DNR order executed under this subchapter
39-27    may be used for any purpose for which the original written order
 40-1    may be used under this subchapter.
 40-2          Sec. 166.084 [674.004].  ISSUANCE OF OUT-OF-HOSPITAL DNR
 40-3    ORDER BY NONWRITTEN COMMUNICATION.  (a)  A competent person who is
 40-4    an adult may issue an out-of-hospital DNR order by nonwritten
 40-5    communication.
 40-6          (b)  A declarant must issue the nonwritten out-of-hospital
 40-7    DNR order in the presence of the attending physician and two
 40-8    witnesses who qualify under Section 166.003, at least one of whom
 40-9    must be a witness who qualifies under Section 166.003(2).  [The
40-10    witnesses must possess the same qualifications as those provided by
40-11    Section 672.003(c).]
40-12          (c)  The attending physician and witnesses shall sign the
40-13    out-of-hospital DNR order in the [that] place of the document
40-14    provided by Section 166.083(b)(7) [674.003(b)(7)] and the attending
40-15    physician shall sign the document in the place required by Section
40-16    166.083(b)(13) [674.003(b)(13)].  The physician shall make the fact
40-17    of the existence of the out-of-hospital DNR order a part of the
40-18    declarant's medical record and the names of the witnesses shall be
40-19    entered [sign that entry] in the medical record.
40-20          (d)  An out-of-hospital DNR order issued in the manner
40-21    provided by this section is valid and shall be honored by
40-22    responding health care professionals as if executed in the manner
40-23    provided by Section 166.082 [674.002].
40-24          Sec. 166.085 [674.005].  EXECUTION OF OUT-OF-HOSPITAL DNR
40-25    ORDER ON BEHALF OF A MINOR.  The following persons may execute an
40-26    out-of-hospital DNR order on behalf of a minor:
40-27                (1)  the minor's parents;
 41-1                (2)  the minor's legal guardian; or
 41-2                (3)  the minor's managing conservator.
 41-3          Sec. 166.086 [674.006].  DESIRE OF PERSON SUPERSEDES
 41-4    OUT-OF-HOSPITAL DNR ORDER.  The desire of a competent person,
 41-5    including a competent minor, supersedes the effect of an
 41-6    out-of-hospital DNR order executed or issued by or on behalf of the
 41-7    person when the desire is communicated to responding health care
 41-8    professionals as provided by this subchapter [chapter].
 41-9          Sec. 166.087 [674.007].  PROCEDURE WHEN DECLARANT IS
41-10    INCOMPETENT OR INCAPABLE OF COMMUNICATION.  (a)  This section
41-11    applies when a person 18 years of age or older has executed or
41-12    issued an out-of-hospital DNR order and subsequently becomes
41-13    [comatose,] incompetent[,] or otherwise mentally or physically
41-14    incapable of communication.
41-15          (b)  If the adult person has designated a person to make a
41-16    treatment decision as authorized by Section 166.032(c)
41-17    [672.003(d)], the attending physician and the designated person
41-18    shall comply with the out-of-hospital DNR order.
41-19          (c)  If the adult person has not designated a person to make
41-20    a treatment decision as authorized by Section 166.032(c)
41-21    [672.003(d)], the attending physician shall comply with the
41-22    out-of-hospital DNR order unless the physician believes that the
41-23    order does not reflect the person's present desire.
41-24          Sec. 166.088 [674.008].  PROCEDURE WHEN PERSON HAS NOT
41-25    EXECUTED OR ISSUED OUT-OF-HOSPITAL DNR ORDER AND IS INCOMPETENT OR
41-26    INCAPABLE OF COMMUNICATION.  (a)  If an adult person has not
41-27    executed or issued an out-of-hospital DNR order and is [comatose,]
 42-1    incompetent[,] or otherwise mentally or physically incapable of
 42-2    communication, the attending physician and the person's legal
 42-3    guardian, proxy, or agent having a medical [durable] power of
 42-4    attorney [for health care] may execute an out-of-hospital DNR order
 42-5    on behalf of the person.
 42-6          (b)  If the person does not have a legal guardian, proxy, or
 42-7    agent under a medical power of attorney, the attending physician
 42-8    and at least one [two] qualified relative from a category listed by
 42-9    Section 166.039(b), subject to the priority established under that
42-10    subsection, [relatives] may execute an out-of-hospital DNR  order
42-11    in the same manner as a treatment decision made under Section
42-12    166.039(b) [672.009(b)].
42-13          (c)  A decision to execute an out-of-hospital DNR order made
42-14    under Subsection (a) or (b) must be based on knowledge of what the
42-15    person would desire, if known.
42-16          (d)  An out-of-hospital DNR order executed under Subsection
42-17    (b) must be made in the presence of at least two witnesses who
42-18    qualify under Section 166.003, at least one of whom must be a
42-19    witness who qualifies under Section 166.003(2) [who possess the
42-20    same qualifications that are required by Section 672.003(c)].
42-21          (e)  The fact that an adult person has not executed or issued
42-22    an out-of-hospital DNR order does not create a presumption that the
42-23    person does not want a treatment decision made to withhold
42-24    cardiopulmonary resuscitation and certain other designated
42-25    life-sustaining treatment [procedures] designated by the board.
42-26          (f)  If there is not a qualified relative available to act
42-27    for the person under Subsection (b), an out-of-hospital DNR order
 43-1    must be concurred in by another physician who is not involved in
 43-2    the treatment of the patient or who is a representative of the
 43-3    ethics or medical committee of the health care facility in which
 43-4    the person is a patient.
 43-5          (g)  A person listed in Section 166.039(b) who wishes to
 43-6    challenge a decision made under this section must apply for
 43-7    temporary guardianship under Section 875, Texas Probate Code.  The
 43-8    court may waive applicable fees in that proceeding.
 43-9          Sec. 166.089 [674.009].  COMPLIANCE WITH OUT-OF-HOSPITAL DNR
43-10    ORDER.  (a)  When responding to a call for assistance, health care
43-11    professionals shall honor an out-of-hospital DNR order in
43-12    accordance with the statewide out-of-hospital DNR protocol and,
43-13    where applicable, locally adopted out-of-hospital DNR protocols not
43-14    in conflict with the statewide protocol if:
43-15                (1)  the responding health care professionals discover
43-16    an executed or issued out-of-hospital DNR order form on their
43-17    arrival at the scene; and
43-18                (2)  the responding health care professionals comply
43-19    with this section.
43-20          (b)  If the person is wearing a DNR identification device,
43-21    the responding health care professionals must comply with Section
43-22    166.090 [674.010].
43-23          (c)  The responding health care professionals must establish
43-24    the identity of the person as the person who executed or issued the
43-25    out-of-hospital DNR order or for whom the out-of-hospital DNR order
43-26    was executed or issued.
43-27          (d)  The responding health care professionals must determine
 44-1    that the out-of-hospital DNR order form appears to be valid in that
 44-2    it includes:
 44-3                (1)  written responses in the places designated on the
 44-4    form for the names, signatures, and other information required of
 44-5    persons executing or issuing, or witnessing the execution or
 44-6    issuance of, the order;
 44-7                (2)  a date in the place designated on the form for the
 44-8    date the order was executed or issued; and
 44-9                (3)  the signature of the declarant or persons
44-10    executing or issuing the order and the attending physician in the
44-11    appropriate places designated on the form for indicating that the
44-12    order form has been properly completed.
44-13          (e)  If the conditions prescribed by Subsections (a) through
44-14    (d) are not determined to apply by the responding health care
44-15    professionals at the scene, the out-of-hospital DNR order may not
44-16    be honored and life-sustaining procedures otherwise required by law
44-17    or local emergency medical services protocols shall be initiated or
44-18    continued.  Health care professionals acting in out-of-hospital
44-19    settings are not required to accept or interpret an out-of-hospital
44-20    DNR order that does not meet the requirements of this subchapter
44-21    [chapter].
44-22          (f)  The out-of-hospital DNR order form or a copy of the
44-23    form, when available, must accompany the person during transport.
44-24          (g)  A record shall be made and maintained of the
44-25    circumstances of each emergency medical services response in which
44-26    an out-of-hospital DNR order or DNR identification device is
44-27    encountered, in accordance with the statewide out-of-hospital DNR
 45-1    protocol and any applicable local out-of-hospital DNR protocol not
 45-2    in conflict with the statewide protocol.
 45-3          (h)  An out-of-hospital DNR order executed or issued and
 45-4    documented or evidenced in the manner prescribed by this subchapter
 45-5    [chapter] is valid and shall be honored by responding health care
 45-6    professionals unless the person or persons found at the scene:
 45-7                (1)  identify themselves as the declarant or as the
 45-8    attending physician, legal guardian, qualified relative, or agent
 45-9    of the person having a medical [durable] power of attorney [for
45-10    health care] who executed or issued the out-of-hospital DNR order
45-11    on behalf of the person; and
45-12                (2)  request that cardiopulmonary resuscitation or
45-13    certain other life-sustaining treatment [procedures] designated by
45-14    the board be initiated or continued.
45-15          (i)  If the policies of a health care facility preclude
45-16    compliance with the out-of-hospital DNR order of a person or an
45-17    out-of-hospital DNR order issued by an attending physician on
45-18    behalf of a person who is admitted to or a resident of the
45-19    facility, or if the facility is unwilling to accept DNR
45-20    identification devices as evidence of the existence of an
45-21    out-of-hospital DNR order, that facility shall take all reasonable
45-22    steps to notify the person or, if the person is incompetent, the
45-23    person's guardian or the person or persons having authority to make
45-24    health care treatment decisions on behalf of the person, of the
45-25    facility's policy and shall take all reasonable steps to effect the
45-26    transfer of the person to the person's home or to a facility where
45-27    the provisions of this subchapter [chapter] can be carried out.
 46-1          Sec. 166.090 [674.010].  DNR IDENTIFICATION DEVICE.  (a)  A
 46-2    person who has a valid out-of-hospital DNR order under this
 46-3    subchapter [chapter] may wear a DNR identification device around
 46-4    the neck or on the wrist as prescribed by board rule adopted under
 46-5    Section 166.101 [674.023].
 46-6          (b)  The presence of a DNR identification device on the body
 46-7    of a person is conclusive evidence that the person has executed or
 46-8    issued a valid out-of-hospital DNR order or has a valid
 46-9    out-of-hospital DNR order executed or issued on the person's
46-10    behalf.  Responding health care professionals shall honor the DNR
46-11    identification device as if a valid out-of-hospital DNR order form
46-12    executed or issued by the person were found in the possession of
46-13    the person.
46-14          Sec. 166.091 [674.011].  DURATION OF OUT-OF-HOSPITAL DNR
46-15    ORDER.  An out-of-hospital DNR order is effective until it is
46-16    revoked as prescribed by Section 166.092 [674.012].
46-17          Sec. 166.092 [674.012].  REVOCATION OF OUT-OF-HOSPITAL DNR
46-18    ORDER.  (a)  A declarant may revoke an out-of-hospital DNR order at
46-19    any time without regard to the declarant's mental state or
46-20    competency.  An order may be revoked by:
46-21                (1)  the declarant or someone in the declarant's
46-22    presence and at the declarant's direction destroying the order form
46-23    and removing the DNR identification device, if any;
46-24                (2)  a person who identifies himself or herself as the
46-25    legal guardian, as a qualified relative, or as the agent of the
46-26    declarant having a medical [durable] power of attorney [for health
46-27    care] who executed the out-of-hospital DNR order or another person
 47-1    in the person's presence and at the person's direction destroying
 47-2    the order form and removing the DNR identification device, if any;
 47-3                (3)  the declarant communicating the declarant's intent
 47-4    to revoke the order; or
 47-5                (4)  a person who identifies himself or herself as the
 47-6    legal guardian, a qualified relative, or the agent of the declarant
 47-7    having a medical [durable] power of attorney [for health care] who
 47-8    executed the out-of-hospital DNR order orally stating the person's
 47-9    intent to revoke the order.
47-10          (b)  An oral revocation under Subsection (a)(3) or (a)(4)
47-11    takes effect only when the declarant or a person who identifies
47-12    himself or herself as the legal guardian, a qualified relative, or
47-13    the agent of the declarant having a medical [durable] power of
47-14    attorney [for health care] who executed the out-of-hospital DNR
47-15    order communicates the intent to revoke the order to the responding
47-16    health care professionals or the attending physician at the scene.
47-17    The responding health care professionals shall record the time,
47-18    date, and place of the revocation in accordance with the statewide
47-19    out-of-hospital DNR protocol and rules adopted by the board and any
47-20    applicable local out-of-hospital DNR protocol.  The attending
47-21    physician or the physician's designee shall record in the person's
47-22    medical record the time, date, and place of the revocation and, if
47-23    different, the time, date, and place that the physician received
47-24    notice of the revocation.  The attending physician or the
47-25    physician's designee shall also enter the word "VOID" on each page
47-26    of the copy of the order in the person's medical record.
47-27          (c)  Except as otherwise provided by this subchapter
 48-1    [chapter], a person is not civilly or criminally liable for failure
 48-2    to act on a revocation made under this section unless the person
 48-3    has actual knowledge of the revocation.
 48-4          Sec. 166.093 [674.013].  REEXECUTION OF OUT-OF-HOSPITAL DNR
 48-5    ORDER.  A declarant may at any time reexecute or reissue an
 48-6    out-of-hospital DNR order in accordance with the procedures
 48-7    prescribed by Section 166.082 [674.002], including reexecution or
 48-8    reissuance after the declarant is diagnosed as having a terminal or
 48-9    irreversible condition.
48-10          [Sec. 674.014.  CONFLICT WITH NATURAL DEATH ACT OR DURABLE
48-11    POWER OF ATTORNEY FOR HEALTH CARE.  To the extent that an
48-12    out-of-hospital DNR order conflicts with a directive or treatment
48-13    decision executed or issued under Chapter 672 or a durable power of
48-14    attorney for health care executed or issued in accordance with
48-15    Chapter 135, Civil Practice and Remedies Code, the instrument
48-16    executed later in time controls.]
48-17          [Sec. 674.015.  EFFECT OF OUT-OF-HOSPITAL DNR ORDER ON
48-18    INSURANCE POLICY AND PREMIUMS.  (a)  The fact that a person has
48-19    executed or issued an out-of-hospital DNR order under this chapter
48-20    does not:]
48-21                [(1)  restrict, inhibit, or impair in any manner the
48-22    sale, procurement, or issuance of a life insurance policy to that
48-23    person; or]
48-24                [(2)  modify the terms of an existing life insurance
48-25    policy.]
48-26          [(b)  Notwithstanding the terms of any life insurance policy,
48-27    the fact that cardiopulmonary resuscitation or certain other
 49-1    life-sustaining procedures designated by the board are withheld
 49-2    from an insured person under this chapter does not legally impair
 49-3    or invalidate that person's life insurance policy and may not be a
 49-4    factor for the purpose of determining the payability of benefits or
 49-5    the cause of death under the life insurance policy.]
 49-6          [(c)  A physician, health facility, health care provider,
 49-7    insurer, or health care service plan may not require a person to
 49-8    execute or issue an out-of-hospital DNR order as a condition for
 49-9    obtaining insurance for health care services or receiving health
49-10    care services.]
49-11          [(d)  The fact that a person has executed or issued or failed
49-12    to execute or issue an out-of-hospital DNR order under this chapter
49-13    may not be considered in any way in establishing insurance
49-14    premiums.]
49-15          Sec. 166.094 [674.016].  LIMITATION ON LIABILITY FOR
49-16    WITHHOLDING CARDIOPULMONARY RESUSCITATION AND CERTAIN OTHER
49-17    LIFE-SUSTAINING PROCEDURES.  (a)  A health care professional or
49-18    health care facility or entity that in good faith causes
49-19    cardiopulmonary resuscitation or certain other life-sustaining
49-20    treatment [procedures] designated by the board to be withheld from
49-21    a person in accordance with this subchapter [chapter] is not
49-22    civilly liable for that action.
49-23          (b)  A health care professional or health care facility or
49-24    entity that in good faith participates in withholding
49-25    cardiopulmonary resuscitation or certain other life-sustaining
49-26    treatment [procedures] designated by the board from a person in
49-27    accordance with this subchapter [chapter] is not civilly liable for
 50-1    that action.
 50-2          (c)  A health care professional or health care facility or
 50-3    entity that in good faith participates in withholding
 50-4    cardiopulmonary resuscitation or certain other life-sustaining
 50-5    treatment [procedures] designated by the board from a person in
 50-6    accordance with this subchapter [chapter] is not criminally liable
 50-7    or guilty of unprofessional conduct as a result of that action.
 50-8          (d)  A health care professional or health care facility or
 50-9    entity that in good faith causes or participates in withholding
50-10    cardiopulmonary resuscitation or certain other life-sustaining
50-11    treatment [procedures] designated by the board from a person in
50-12    accordance with this subchapter [chapter] and rules adopted under
50-13    this subchapter [chapter] is not in violation of any other
50-14    licensing or regulatory laws or rules of this state and is not
50-15    subject to any disciplinary action or sanction by any licensing or
50-16    regulatory agency of this state as a result of that action.
50-17          Sec. 166.095 [674.017].  LIMITATION ON LIABILITY FOR FAILURE
50-18    TO EFFECTUATE OUT-OF-HOSPITAL DNR ORDER.  (a)  A health care
50-19    professional or health care facility or entity that has no actual
50-20    knowledge of an out-of-hospital DNR order is not civilly or
50-21    criminally liable for failing to act in accordance with the order.
50-22          (b)  A health care professional or health care facility or
50-23    entity is subject to review and disciplinary action by the
50-24    appropriate licensing board [not civilly or criminally liable] for
50-25    failing to effectuate an out-of-hospital DNR order.  This
50-26    subsection does  not limit remedies available under other laws of
50-27    this state.
 51-1          (c)  If an attending physician refuses to execute or comply
 51-2    with an out-of-hospital DNR order, the physician shall inform the
 51-3    person, the legal guardian or qualified relatives of the person, or
 51-4    the agent of the person having a medical [durable] power of
 51-5    attorney [for health care] and, if the person or another authorized
 51-6    to act on behalf of the person so directs, shall make a reasonable
 51-7    effort to transfer the person to another physician who is willing
 51-8    to execute or comply with an out-of-hospital DNR order.
 51-9          Sec. 166.096 [674.018].  HONORING OUT-OF-HOSPITAL DNR ORDER
51-10    DOES NOT CONSTITUTE OFFENSE OF AIDING SUICIDE.  A person does not
51-11    commit an offense under Section 22.08, Penal Code, by withholding
51-12    cardiopulmonary resuscitation or certain other life-sustaining
51-13    treatment [procedures] designated by the board from a person in
51-14    accordance with this subchapter [chapter].
51-15          Sec. 166.097 [674.019].  CRIMINAL PENALTY; PROSECUTION.
51-16    (a)  A person commits an offense if the person intentionally
51-17    conceals, cancels, defaces, obliterates, or damages another
51-18    person's out-of-hospital DNR order or DNR identification device
51-19    without that person's consent or the consent of the person or
51-20    persons authorized to execute or issue an out-of-hospital DNR order
51-21    on behalf of the person under this subchapter [chapter].  An
51-22    offense under this subsection is a Class A misdemeanor.
51-23          (b)  A person is subject to prosecution for criminal homicide
51-24    under Chapter 19, Penal Code, if the person, with the intent to
51-25    cause cardiopulmonary resuscitation or certain other
51-26    life-sustaining treatment [procedures] designated by the board to
51-27    be withheld from another person contrary to the other person's
 52-1    desires, falsifies or forges an out-of-hospital DNR order or
 52-2    intentionally conceals or withholds personal knowledge of a
 52-3    revocation and thereby directly causes cardiopulmonary
 52-4    resuscitation and certain other life-sustaining treatment
 52-5    [procedures] designated by the board to be withheld from the other
 52-6    person with the result that the other person's death is hastened.
 52-7          Sec. 166.098 [674.020].  PREGNANT PERSONS.  A person may not
 52-8    withhold cardiopulmonary resuscitation or certain other
 52-9    life-sustaining treatment [procedures] designated by the board
52-10    under this subchapter [chapter] from a person known by the
52-11    responding health care professionals to be pregnant.
52-12          Sec. 166.099 [674.021].  MERCY KILLING NOT CONDONED.  This
52-13    subchapter [chapter] does not condone, authorize, or approve mercy
52-14    killing or permit an affirmative or deliberate act or omission to
52-15    end life except to permit the natural process of dying as provided
52-16    by this subchapter [chapter].
52-17          Sec. 166.100 [674.022].  LEGAL RIGHT OR RESPONSIBILITY NOT
52-18    AFFECTED.  This subchapter [chapter] does not impair or supersede
52-19    any legal right or responsibility a person may have under a
52-20    constitution, other statute, regulation, or court decision to
52-21    effect the withholding of cardiopulmonary resuscitation or certain
52-22    other life-sustaining treatment [procedures] designated by the
52-23    board.
52-24          Sec. 166.101 [674.023].  DUTIES OF DEPARTMENT AND BOARD.
52-25    (a)  The board shall, on the recommendation of the department,
52-26    adopt all reasonable and necessary rules to carry out the purposes
52-27    of this subchapter [chapter], including rules:
 53-1                (1)  adopting a statewide out-of-hospital DNR order
 53-2    protocol that sets out standard procedures for the withholding of
 53-3    cardiopulmonary resuscitation and certain other life-sustaining
 53-4    treatment [procedures] by health care professionals acting in
 53-5    out-of-hospital settings;
 53-6                (2)  designating life-sustaining treatment [procedures]
 53-7    that may be included in an out-of-hospital DNR order, including all
 53-8    procedures listed in Sections 166.081(6)(A)(i) through (v) [Section
 53-9    674.001(14)(A)(i) through (vi)]; and
53-10                (3)  governing recordkeeping in circumstances in which
53-11    an out-of-hospital DNR order or DNR identification device is
53-12    encountered by responding health care professionals.
53-13          (b)  The rules adopted by the board under Subsection (a) are
53-14    not effective until approved by the Texas State Board of Medical
53-15    Examiners.
53-16          (c)  Local emergency medical services authorities may adopt
53-17    local out-of-hospital DNR order protocols if the local protocols do
53-18    not conflict with the statewide out-of-hospital DNR order protocol
53-19    adopted by the board.
53-20          (d)  The board by rule shall specify a distinctive standard
53-21    design for a necklace and a bracelet DNR identification device that
53-22    signifies, when worn by a person, that the possessor has executed
53-23    or issued a valid out-of-hospital DNR order under this subchapter
53-24    [chapter] or is a person for whom a valid out-of-hospital DNR order
53-25    has been executed or issued.
53-26          (e)  The department shall report to the board from time to
53-27    time regarding issues identified in emergency medical services
 54-1    responses in which an out-of-hospital DNR order or DNR
 54-2    identification device is encountered.  The report may contain
 54-3    recommendations to the board for necessary modifications to the
 54-4    form of the standard out-of-hospital DNR order or the designated
 54-5    life-sustaining procedures listed in the standard out-of-hospital
 54-6    DNR order, the statewide out-of-hospital DNR order protocol, or the
 54-7    DNR identification devices.
 54-8          [Sec. 674.024.  RECOGNITION OF OUT-OF-HOSPITAL DNR ORDER
 54-9    EXECUTED OR ISSUED IN OTHER STATE.  An out-of-hospital DNR order
54-10    executed, issued, or authorized in another state or a territory or
54-11    possession of the United States in compliance with the law of that
54-12    jurisdiction is effective for purposes of this chapter.]
54-13          SECTION 1.05.  Chapter 135, Civil Practice and Remedies Code,
54-14    is transferred to Subtitle H, Title 2, Health and Safety Code, is
54-15    redesignated as Subchapter D, Chapter 166, Health and Safety Code,
54-16    and is amended to read as follows:
54-17              SUBCHAPTER D [CHAPTER 135].  MEDICAL [DURABLE]
54-18                    POWER OF ATTORNEY [FOR HEALTH CARE]
54-19          Sec. 166.151 [135.001].  DEFINITIONS.  In this subchapter
54-20    [chapter]:
54-21                (1)  "Adult" means a person 18 years of age or older or
54-22    a person under 18 years of age who has had the disabilities of
54-23    minority removed.
54-24                (2)  "Agent" means an adult to whom authority to make
54-25    health care decisions is delegated under a medical [durable] power
54-26    of attorney [for health care].
54-27                (3)  ["Attending physician" means the physician,
 55-1    selected by or assigned to a patient, who has primary
 55-2    responsibility for the treatment and care of the patient.]
 55-3                [(4)  "Capacity to make health care decisions" means
 55-4    the ability to understand and appreciate the nature and
 55-5    consequences of a health care decision, including the significant
 55-6    benefits and harms of and reasonable alternatives to any proposed
 55-7    health care.]
 55-8                [(5)  "Durable power of attorney for health care" means
 55-9    a document delegating to an agent the authority to make health care
55-10    decisions as provided by this chapter.]
55-11                [(6)  "Health care decision" means consent, refusal to
55-12    consent, or withdrawal of consent to health care, treatment,
55-13    service, or procedure to maintain, diagnose, or treat an
55-14    individual's physical or mental condition.]
55-15                [(7)]  "Health care provider" means an individual or
55-16    facility licensed, certified, or otherwise authorized to administer
55-17    health care, for profit or otherwise, in the ordinary course of
55-18    business or professional practice and includes a physician.
55-19                (4) [(8)  "Physician" means:]
55-20                      [(A)  a physician licensed by the Texas State
55-21    Board of Medical Examiners; or]
55-22                      [(B)  a physician with proper credentials who
55-23    holds a commission in a branch of the armed services of the United
55-24    States and who is serving on active duty in this state.]
55-25                [(9)]  "Principal" means an adult who has executed a
55-26    medical [durable] power of attorney [for health care].
55-27                (5) [(10)]  "Residential care provider" means an
 56-1    individual or facility licensed, certified, or otherwise authorized
 56-2    to operate, for profit or otherwise, a residential care home.
 56-3          Sec. 166.152 [135.002].  SCOPE AND DURATION OF AUTHORITY.
 56-4    (a)  Subject to this subchapter [chapter] or any express limitation
 56-5    on the authority of the agent contained in the medical [durable]
 56-6    power of attorney [for health care], the agent may make any health
 56-7    care decision on the principal's behalf that the principal could
 56-8    make if the principal were competent [but for the principal's lack
 56-9    of capacity to make health care decisions].
56-10          (b)  An agent may exercise authority only if the principal's
56-11    attending physician certifies in writing and files the
56-12    certification in the principal's medical record that, based on the
56-13    attending physician's reasonable medical judgment, the principal is
56-14    incompetent [lacks capacity to make health care decisions].
56-15          (c)  Notwithstanding any other provisions of this subchapter
56-16    [chapter], treatment may not be given to or withheld from the
56-17    principal if the principal objects regardless of whether, at the
56-18    time of the objection:
56-19                (1)  a medical [durable] power of attorney [for health
56-20    care] is in effect; or
56-21                (2)  the principal is competent [has the capacity to
56-22    make health care decisions].
56-23          (d)  The principal's attending physician shall make
56-24    reasonable efforts to inform the principal of any proposed
56-25    treatment or of any proposal to withdraw or withhold treatment
56-26    before implementing an agent's advance directive.
56-27          (e)  After consultation with the attending physician and
 57-1    other health care providers, the agent shall make a health care
 57-2    decision:
 57-3                (1)  according to the agent's knowledge of the
 57-4    principal's wishes, including the principal's religious and moral
 57-5    beliefs; or
 57-6                (2)  if the agent does not know the principal's wishes,
 57-7    according to the agent's assessment of the principal's best
 57-8    interests.
 57-9          (f)  Notwithstanding any other provision of this subchapter
57-10    [chapter], an agent may not consent to:
57-11                (1)  voluntary inpatient mental health services;
57-12                (2)  convulsive treatment;
57-13                (3)  psychosurgery;
57-14                (4)  abortion; or
57-15                (5)  neglect of the principal through the omission of
57-16    care primarily intended to provide for the comfort of the
57-17    principal.
57-18          (g)  The power of attorney is effective indefinitely on
57-19    execution as provided by this subchapter [chapter] and delivery of
57-20    the document to the agent, unless it is revoked as provided by this
57-21    subchapter [chapter] or the principal becomes competent [regains
57-22    the capacity to make health care decisions].  If the medical
57-23    [durable] power of attorney includes an expiration date and on that
57-24    date the principal is incompetent [lacks the capacity to make
57-25    health care decisions], the power of attorney continues to be
57-26    effective until the principal becomes competent [regains the
57-27    capacity to make health care decisions] unless it is revoked as
 58-1    provided by this subchapter [chapter].
 58-2          Sec. 166.153 [135.003].  PERSONS WHO MAY NOT EXERCISE
 58-3    AUTHORITY OF AGENT.  A person may not exercise the authority of an
 58-4    agent while the person serves as:
 58-5                (1)  the principal's health care provider;
 58-6                (2)  an employee of the principal's health care
 58-7    provider unless the person is a relative of the principal;
 58-8                (3)  the principal's residential care provider; or
 58-9                (4)  an employee of the principal's residential care
58-10    provider unless the person is a relative of the principal.
58-11          Sec. 166.154 [135.004].  EXECUTION AND WITNESSES.  (a)  The
58-12    medical [durable] power of attorney [for health care] must be
58-13    signed by the principal in the presence of [at least] two [or more
58-14    subscribing] witnesses who qualify under Section 166.003, at least
58-15    one of whom must be a witness who qualifies under Section
58-16    166.003(2).  The witnesses must sign the document.
58-17          (b)  [A witness may not, at the time of execution, be:]
58-18                [(1)  the agent;]
58-19                [(2)  the principal's health or residential care
58-20    provider or the provider's employee;]
58-21                [(3)  the principal's spouse or heir;]
58-22                [(4)  a person entitled to any part of the estate of
58-23    the principal on the death of the principal under a will or deed in
58-24    existence or by operation of law; or]
58-25                [(5)  any other person who has any claim against the
58-26    estate of the principal.]
58-27          [(c)  The witnesses shall affirm that, at the time the
 59-1    durable power of attorney for health care was signed, the
 59-2    principal:]
 59-3                [(1)  appeared to be of sound mind to make a health
 59-4    care decision;]
 59-5                [(2)  stated in the witness's presence that the
 59-6    principal was aware of the nature of the durable power of attorney
 59-7    for health care and that the principal was signing the document
 59-8    voluntarily and free from any duress; and]
 59-9                [(3)  requested that the witness serve as a witness to
59-10    the principal's execution of the document.]
59-11          [(d)]  If the principal is physically unable to sign, another
59-12    person may sign the medical [durable] power of attorney [for health
59-13    care] with the principal's name in the principal's presence and at
59-14    the principal's express direction.
59-15          Sec. 166.155 [135.005].  REVOCATION.  (a)  A medical
59-16    [durable] power of attorney [for health care] is revoked by:
59-17                (1)  oral or written notification at any time by the
59-18    principal to the agent or a licensed or certified health or
59-19    residential care provider or by any other act evidencing a specific
59-20    intent to revoke the power, without regard to whether the principal
59-21    is competent or the principal's mental state[, competency, or
59-22    capacity to make health care decisions];
59-23                (2)  execution by the principal of a subsequent medical
59-24    [durable] power of attorney [for health care]; or
59-25                (3)  the divorce of the principal and spouse, if the
59-26    spouse is the principal's agent, unless the medical power of
59-27    attorney provides otherwise.
 60-1          (b)  A principal's licensed or certified health or
 60-2    residential care provider who is informed of or provided with a
 60-3    revocation of a medical [durable] power of attorney [for health
 60-4    care] shall immediately record the revocation in the principal's
 60-5    medical record and give notice of the revocation to the agent and
 60-6    any known health and residential care providers currently
 60-7    responsible for the principal's care.
 60-8          Sec. 166.156 [135.006].  APPOINTMENT OF GUARDIAN.  (a)  On
 60-9    motion filed in connection with a petition for appointment of a
60-10    guardian or, if a guardian has been appointed, on petition of the
60-11    guardian, a probate court shall determine whether to suspend or
60-12    revoke the authority of the agent.
60-13          (b)  The court shall consider the preferences of the
60-14    principal as expressed in the medical [durable] power of attorney
60-15    [for health care].
60-16          (c)  During the pendency of the court's determination under
60-17    Subsection (a), the guardian has the sole authority to make any
60-18    health care decisions unless the court orders otherwise.  If a
60-19    guardian has not been appointed, the agent has the authority to
60-20    make any health care decisions unless the court orders otherwise.
60-21          (d)  A person, including any attending physician or health or
60-22    residential care provider, who does not have actual knowledge of
60-23    the appointment of a guardian or an order of the court granting
60-24    authority to someone other than the agent to make health care
60-25    decisions is not subject to criminal or civil liability and has not
60-26    engaged in unprofessional conduct for implementing an agent's
60-27    health care decision.
 61-1          Sec. 166.157 [135.007].  DISCLOSURE OF MEDICAL INFORMATION.
 61-2    Subject to any limitations in the medical [durable] power of
 61-3    attorney [for health care], an agent may, for the purpose of making
 61-4    a health care decision:
 61-5                (1)  request, review, and receive any information, oral
 61-6    or written, regarding the principal's physical or mental health,
 61-7    including medical and hospital records;
 61-8                (2)  execute a release or other document required to
 61-9    obtain the information; and
61-10                (3)  consent to the disclosure of the information.
61-11          Sec. 166.158 [135.008].  DUTY OF HEALTH OR RESIDENTIAL CARE
61-12    PROVIDER.  (a)  A principal's health or residential care provider
61-13    and an employee of the provider who knows of the existence of the
61-14    principal's medical [durable] power of attorney [for health care]
61-15    shall follow a directive of the principal's agent to the extent it
61-16    is consistent with the desires of the principal, this subchapter
61-17    [chapter], and the medical [durable] power of attorney [for health
61-18    care].
61-19          (b)  The attending physician does not have a duty to verify
61-20    that the agent's directive is consistent with the principal's
61-21    wishes or religious or moral beliefs.
61-22          (c)  A principal's health or residential care provider who
61-23    finds it impossible to follow a directive by the agent because of a
61-24    conflict with this subchapter [chapter] or the medical [durable]
61-25    power of attorney [for health care] shall inform the agent as soon
61-26    as is reasonably possible.  The agent may select another attending
61-27    physician.  The procedures established under Sections 166.045 and
 62-1    166.046 apply if the agent's directive concerns providing,
 62-2    withholding, or withdrawing life-sustaining treatment.
 62-3          (d)  This subchapter [chapter] may not be construed to
 62-4    require a health or residential care provider who is not a
 62-5    physician to act in a manner contrary to a physician's order.
 62-6          Sec. 166.159 [135.009].  DISCRIMINATION RELATING TO EXECUTION
 62-7    OF MEDICAL [DURABLE] POWER OF ATTORNEY [FOR HEALTH CARE].  A health
 62-8    or residential care provider, health care service plan, insurer
 62-9    issuing disability insurance, self-insured employee benefit plan,
62-10    or nonprofit hospital service plan may not:
62-11                (1)  charge a person a different rate solely because
62-12    the person has executed a medical [durable] power of attorney [for
62-13    health care];
62-14                (2)  require a person to execute a medical [durable]
62-15    power of attorney [for health care] before:
62-16                      (A)  admitting the person to a hospital, nursing
62-17    home, or residential care home;
62-18                      (B)  insuring the person; or
62-19                      (C)  allowing the person to receive health or
62-20    residential care; or
62-21                (3)  refuse health or residential care to a person
62-22    solely because the person has executed a medical [durable] power of
62-23    attorney [for health care].
62-24          Sec. 166.160 [135.010].  LIMITATION ON LIABILITY.  (a)  An
62-25    agent is not subject to criminal or civil liability for a health
62-26    care decision if the decision is made in good faith under the terms
62-27    of the medical [durable] power of attorney [for health care] and
 63-1    the provisions of this subchapter [chapter].
 63-2          (b)  An attending physician, health or residential care
 63-3    provider, or a person acting as an agent for or under the
 63-4    physician's or provider's control is not subject to criminal or
 63-5    civil liability and has not engaged in unprofessional conduct for
 63-6    an act or omission if the act or omission:
 63-7                (1)  is done in good faith under the terms of the
 63-8    medical [durable] power of attorney [for health care], the
 63-9    directives of the agent, and the provisions of this subchapter
63-10    [chapter]; and
63-11                (2)  does not constitute a failure to exercise
63-12    reasonable [due] care in the provision of health care services.
63-13          (c)  The standard of care that the attending physician,
63-14    health or residential care provider, or person acting as an agent
63-15    for or under the physician's or provider's control shall exercise
63-16    under Subsection (b) is that degree of care that an attending
63-17    physician, health or residential care provider, or person acting as
63-18    an agent for or under the physician's or provider's control, as
63-19    applicable, of ordinary prudence and skill would have exercised
63-20    under the same or similar circumstances in the same or similar
63-21    community.
63-22          (d) [(c)]  An attending physician, health or residential care
63-23    provider, or person acting as an agent for or under the physician's
63-24    or provider's control has not engaged in unprofessional conduct
63-25    for:
63-26                (1)  failure to act as required by the directive of an
63-27    agent or a medical [durable] power of attorney [for health care] if
 64-1    the physician, provider, or person was not provided with a copy of
 64-2    the medical [durable] power of attorney [for health care] or had no
 64-3    knowledge of a directive; or
 64-4                (2)  acting as required by an agent's directive if the
 64-5    medical [durable] power of attorney [for health care] has expired
 64-6    or been revoked but the physician, provider, or person does not
 64-7    have knowledge of the expiration or revocation.
 64-8          Sec. 166.161 [135.011].  LIABILITY FOR HEALTH CARE COSTS.
 64-9    Liability for the cost of health care provided as a result of the
64-10    agent's decision is the same as if the health care were provided as
64-11    a result of the principal's decision.
64-12          [Sec. 135.012.  NATURAL DEATH ACT.  To the extent that a
64-13    durable power of attorney for health care conflicts with a
64-14    directive or treatment decision executed under the Natural Death
64-15    Act (Chapter 672, Health and Safety Code), the instrument executed
64-16    later in time controls.  A physician who withholds or withdraws
64-17    life-sustaining procedures from a principal with a terminal
64-18    condition as required by an agent's directive is not required to
64-19    comply with the Natural Death Act.]
64-20          [Sec. 135.013.  ENFORCEABILITY OF DURABLE POWER OF ATTORNEY
64-21    EXECUTED IN ANOTHER JURISDICTION.  This chapter does not limit the
64-22    enforceability of a durable power of attorney for health care or
64-23    similar instrument executed in another state or jurisdiction if the
64-24    instrument complies with the law of the state or jurisdiction.]
64-25          Sec. 166.162 [135.014].  DISCLOSURE STATEMENT.  A medical
64-26    [durable] power of attorney [for health care] is not effective
64-27    unless the principal, before executing the medical [durable] power
 65-1    of attorney [for health care], signs a statement that the principal
 65-2    has received a disclosure statement and has read and understood its
 65-3    contents.
 65-4          Sec. 166.163 [135.015].  FORM OF DISCLOSURE STATEMENT.  The
 65-5    disclosure statement must be in substantially the following form:
 65-6               INFORMATION CONCERNING THE MEDICAL [DURABLE]
 65-7                    POWER OF ATTORNEY [FOR HEALTH CARE]
 65-8    THIS IS AN IMPORTANT LEGAL DOCUMENT.  BEFORE SIGNING THIS DOCUMENT,
 65-9    YOU SHOULD KNOW THESE IMPORTANT FACTS:
65-10          Except to the extent you state otherwise, this document gives
65-11    the person you name as your agent the authority to make any and all
65-12    health care decisions for you in accordance with your wishes,
65-13    including your religious and moral beliefs, when you are no longer
65-14    capable of making them yourself.  Because "health care" means any
65-15    treatment, service, or procedure to maintain, diagnose, or treat
65-16    your physical or mental condition, your agent has the power to make
65-17    a broad range of health care decisions for you.  Your agent may
65-18    consent, refuse to consent, or withdraw consent to medical
65-19    treatment and may make decisions about withdrawing or withholding
65-20    life-sustaining treatment.  Your agent may not consent to voluntary
65-21    inpatient mental health services, convulsive treatment,
65-22    psychosurgery, or abortion.  A physician must comply with your
65-23    agent's instructions or allow you to be transferred to another
65-24    physician.
65-25          Your agent's authority begins when your doctor certifies that
65-26    you lack the competence [capacity] to make health care decisions.
65-27          Your agent is obligated to follow your instructions when
 66-1    making decisions on your behalf.  Unless you state otherwise, your
 66-2    agent has the same authority to make decisions about your health
 66-3    care as you would have had.
 66-4          It is important that you discuss this document with your
 66-5    physician or other health care provider before you sign it to make
 66-6    sure that you understand the nature and range of decisions that may
 66-7    be made on your behalf.  If you do not have a physician, you should
 66-8    talk with someone else who is knowledgeable about these issues and
 66-9    can answer your questions.  You do not need a lawyer's assistance
66-10    to complete this document, but if there is anything in this
66-11    document that you do not understand, you should ask a lawyer to
66-12    explain it to you.
66-13          The person you appoint as agent should be someone you know
66-14    and trust.  The person must be 18 years of age or older or a person
66-15    under 18 years of age who has had the disabilities of minority
66-16    removed.  If you appoint your health or residential care provider
66-17    (e.g., your physician or an employee of a home health agency,
66-18    hospital, nursing home, or residential care home, other than a
66-19    relative), that person has to choose between acting as your agent
66-20    or as your health or residential care provider; the law does not
66-21    permit a person to do both at the same time.
66-22          You should inform the person you appoint that you want the
66-23    person to be your health care agent.  You should discuss this
66-24    document with your agent and your physician and give each a signed
66-25    copy.  You should indicate on the document itself the people and
66-26    institutions who have signed copies.  Your agent is not liable for
66-27    health care decisions made in good faith on your behalf.
 67-1          Even after you have signed this document, you have the right
 67-2    to make health care decisions for yourself as long as you are able
 67-3    to do so and treatment cannot be given to you or stopped over your
 67-4    objection.  You have the right to revoke the authority granted to
 67-5    your agent by informing your agent or your health or residential
 67-6    care provider orally or in writing or by your execution of a
 67-7    subsequent medical [durable] power of attorney [for health care].
 67-8    Unless you state otherwise, your appointment of a spouse dissolves
 67-9    on divorce.
67-10          This document may not be changed or modified.  If you want to
67-11    make changes in the document, you must make an entirely new one.
67-12          You may wish to designate an alternate agent in the event
67-13    that your agent is unwilling, unable, or ineligible to act as your
67-14    agent.  Any alternate agent you designate has the same authority to
67-15    make health care decisions for you.
67-16    THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS SIGNED IN THE
67-17    PRESENCE OF TWO COMPETENT ADULT [OR MORE QUALIFIED] WITNESSES.  THE
67-18    FOLLOWING PERSONS MAY NOT ACT AS ONE OF THE WITNESSES:
67-19                (1)  the person you have designated as your agent;
67-20                (2)  a person related to you by blood or marriage [your
67-21    health or residential care provider or an employee of your health
67-22    or residential care provider];
67-23                (3)  a person entitled to any part of your estate after
67-24    your death under a will or codicil executed by you or by operation
67-25    of law [your spouse];
67-26                (4)  your attending physician [lawful heirs or
67-27    beneficiaries named in your will or a deed]; [or]
 68-1                (5)  an employee of your attending physician;
 68-2                (6)  an employee of a health care facility in which you
 68-3    are a patient if the employee is providing direct patient care to
 68-4    you or is an officer, director, partner, or business office
 68-5    employee of the health care facility or of any parent organization
 68-6    of the health care facility; or
 68-7                (7)  a person who, at the time this power of attorney
 68-8    is executed, has a claim against any part of your estate after your
 68-9    death [creditors or persons who have a claim against you].
68-10          Sec. 166.164 [135.016].  FORM OF MEDICAL [DURABLE] POWER OF
68-11    ATTORNEY.  The medical [durable] power of attorney [for health
68-12    care] must be in substantially the following form:
68-13           MEDICAL [DURABLE] POWER OF ATTORNEY [FOR HEALTH CARE]
68-14    DESIGNATION OF HEALTH CARE AGENT. 
68-15          I,_______________________________(insert your name)  appoint:
68-16          Name:________________________________________________________
68-17          Address:_____________________________________________________
68-18                      Phone____________________________________________
68-19    as my agent to make any and all health care decisions for me,
68-20    except to the extent I state otherwise in this document.  This
68-21    medical [durable] power of attorney [for health care] takes effect
68-22    if I become unable to make my own health care decisions and this
68-23    fact is certified in writing by my physician.
68-24    LIMITATIONS ON THE DECISION-MAKING AUTHORITY OF MY AGENT ARE AS
68-25    FOLLOWS:_______________________________________________________
68-26    _______________________________________________________________
68-27    DESIGNATION OF ALTERNATE AGENT.
 69-1          (You are not required to designate an alternate agent but you
 69-2    may do so.  An alternate agent may make the same health care
 69-3    decisions as the designated agent if the designated agent is unable
 69-4    or unwilling to act as your agent.  If the agent designated is your
 69-5    spouse, the designation is automatically revoked by law if your
 69-6    marriage is dissolved.)
 69-7          If the person designated as my agent is unable or unwilling
 69-8    to make health care decisions for me, I designate the following
 69-9    persons to serve as my agent to make health care decisions for me
69-10    as authorized by this document, who serve in the following order:
69-11          A.  First Alternate Agent
69-12                Name:________________________________________
69-13                Address:_____________________________________
69-14                      Phone__________________________________
69-15          B.  Second Alternate Agent
69-16                Name:________________________________________
69-17                Address:_____________________________________
69-18                      Phone__________________________________
69-19                The original of this document is kept at:
69-20                ______________________________________________________
69-21                ______________________________________________________
69-22                ______________________________________________________
69-23    The following individuals or institutions have signed copies:
69-24                Name:_________________________________________________
69-25                Address:______________________________________________
69-26                ______________________________________________________
69-27                Name:_________________________________________________
 70-1                Address:______________________________________________
 70-2                ______________________________________________________
 70-3    DURATION.
 70-4          I understand that this power of attorney exists indefinitely
 70-5    from the date I execute this document unless I establish a shorter
 70-6    time or revoke the power of attorney.  If I am unable to make
 70-7    health care decisions for myself when this power of attorney
 70-8    expires, the authority I have granted my agent continues to exist
 70-9    until the time I become able to make health care decisions for
70-10    myself.
70-11    (IF APPLICABLE)  This power of attorney ends on the following
70-12    date:_____
70-13    PRIOR DESIGNATIONS REVOKED.
70-14          I revoke any prior medical [durable] power of attorney [for
70-15    health care].
70-16    ACKNOWLEDGMENT OF DISCLOSURE STATEMENT.
70-17          I have been provided with a disclosure statement explaining
70-18    the effect of this document.  I have read and understand that
70-19    information contained in the disclosure statement.
70-20          (YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY.)
70-21          I sign my name to this medical [durable] power of attorney
70-22    [for health care] on ___________ day of _____________(month, year)
70-23    [19] at
70-24        _________________________________________________________ 
70-25                             (City and State) 
70-26        _________________________________________________________ 
70-27                               (Signature) 
 71-1        _________________________________________________________ 
 71-2                               (Print Name) 
 71-3    STATEMENT OF FIRST WITNESS [WITNESSES].
 71-4          [I declare under penalty of perjury that the principal has
 71-5    identified himself or herself to me, that the principal signed or
 71-6    acknowledged this durable power of attorney in my presence, that I
 71-7    believe the principal to be of sound mind, that the principal has
 71-8    affirmed that the principal is aware of the nature of the document
 71-9    and is signing it voluntarily and free from duress, that the
71-10    principal requested that I serve as witness to the principal's
71-11    execution of this document, that] I am not the person appointed as
71-12    agent by this document.[, and that] I am not related to the
71-13    principal by blood or marriage.  I would not be entitled to any
71-14    portion of the principal's estate on the principal's death.  I am
71-15    not the attending physician of the principal or an employee of the
71-16    attending physician.  I have no claim against any portion of the
71-17    principal's estate on the principal's death.  Furthermore, if I am
71-18    an employee of a health care facility in which the principal is a
71-19    patient, I am not involved in providing direct patient care to the
71-20    principal and am not an officer, director, partner, or  business
71-21    office employee of the health care facility or of any  parent
71-22    organization of the health care facility [a provider of health or
71-23    residential care, an employee of a provider of health or
71-24    residential care, the operator of a community care facility, or an
71-25    employee of an operator of a health care facility.]
71-26          [I declare that I am not related to the principal by blood,
71-27    marriage, or adoption and that to the best of my knowledge I am not
 72-1    entitled to any part of the estate of the principal on the death of
 72-2    the principal under a will or by operation of law].
 72-3          [Witness] Signature:____________________________________
 72-4          Print Name:______________________Date:__________________
 72-5          Address:________________________________________________
 72-6    SIGNATURE OF SECOND WITNESS.
 72-7          [Witness] Signature:____________________________________
 72-8          Print Name:______________________Date:__________________
 72-9          Address:________________________________________________
72-10          Sec. 166.165 [135.017].  CIVIL ACTION.  (a)  A person who is
72-11    a near relative of the principal or a responsible adult who is
72-12    directly interested in the principal, including a guardian, social
72-13    worker, physician, or clergyman, may bring an action in district
72-14    court to request that the medical [durable] power of attorney [for
72-15    health care] be revoked because the principal, at the time the
72-16    medical [durable] power of attorney [for health care] was signed:
72-17                (1)  was not competent [of sound mind to make a health
72-18    care decision]; or
72-19                (2)  was under duress, fraud, or undue influence.
72-20          (b)  The action may be brought in the county of the
72-21    principal's residence or the residence of the person bringing the
72-22    action.
72-23          (c)  During the pendency of the action, the authority of the
72-24    agent to make health care decisions continues in effect unless the
72-25    district court orders otherwise.
72-26          Sec. 166.166 [135.018].  OTHER RIGHTS OR RESPONSIBILITIES NOT
72-27    AFFECTED.  This subchapter [chapter] does not limit or impair any
 73-1    legal right or responsibility that any person, including a
 73-2    physician or health or residential care provider, may have to make
 73-3    or implement health care decisions on behalf of a person, provided
 73-4    that if an attending physician or health care facility is unwilling
 73-5    to honor a patient's advance directive or a treatment decision to
 73-6    provide life-sustaining treatment, life-sustaining treatment is
 73-7    required to be provided the patient, but only until a reasonable
 73-8    opportunity has been afforded for transfer of the patient to
 73-9    another physician or health care facility willing to comply with
73-10    the advance directive or treatment decision.
73-11                     ARTICLE 2.  CONFORMING AMENDMENTS
73-12          SECTION 2.01.  Subsection (a), Section 313.003, Health and
73-13    Safety Code, is amended to read as follows:
73-14          (a)  This chapter does not apply to:
73-15                (1)  a decision to withhold or withdraw life-sustaining
73-16    treatment from qualified terminal or irreversible patients under
73-17    Subchapter B, Chapter 166 [the terms of Chapter 672];
73-18                (2)  a health care decision made under a medical
73-19    [durable] power of attorney [for health care] under Subchapter D,
73-20    Chapter 166 [Chapter 135, Civil Practice and Remedies Code], or
73-21    under Chapter XII, Texas Probate Code;
73-22                (3)  consent to medical treatment of minors under
73-23    Chapter 32 [35], Family Code;
73-24                (4)  consent for emergency care under Chapter 773;
73-25                (5)  hospital patient transfers under Chapter 241; or
73-26                (6)  a patient's legal guardian who has the authority
73-27    to make a decision regarding the patient's medical treatment.
 74-1          SECTION 2.02.  Subchapter A, Chapter 142, Health and Safety
 74-2    Code, is amended by adding Section 142.0145 to read as follows:
 74-3          Sec. 142.0145.  VIOLATION OF LAW RELATING TO ADVANCE
 74-4    DIRECTIVES.  (a)  The department shall assess an administrative
 74-5    penalty against a home and community support services agency that
 74-6    violates Section 166.004.
 74-7          (b)  A penalty assessed under this section shall be $500.
 74-8          (c)  The penalty shall be assessed in accordance with
 74-9    department rules. The rules must provide for notice and an
74-10    opportunity for a hearing.
74-11          SECTION 2.03.  Subsections (a) and (c), Section 241.059,
74-12    Health and Safety Code, are amended to read as follows:
74-13          (a)  The commissioner of health may assess an administrative
74-14    penalty against a hospital that violates this chapter, a rule
74-15    adopted pursuant to this chapter, a special license provision, an
74-16    order or emergency order issued by the commissioner or the
74-17    commissioner's designee, or another enforcement procedure permitted
74-18    under this chapter. The commissioner shall assess an administrative
74-19    penalty against a hospital that violates Section 166.004.
74-20          (c)  The penalty may not exceed $1,000 for each violation,
74-21    except that the penalty for a violation of Section 166.004 shall be
74-22    $500.  Each day of a continuing violation, other than a violation
74-23    of Section 166.004, may be considered a separate violation.
74-24          SECTION 2.04.  Subchapter C, Chapter 242, Health and Safety
74-25    Code, is amended by adding Section 242.0663 to read as follows:
74-26          Sec. 242.0663.  VIOLATION OF LAW RELATING TO ADVANCE
74-27    DIRECTIVES.  (a)  The department shall assess an administrative
 75-1    penalty under this subchapter against an institution that violates
 75-2    Section 166.004.
 75-3          (b)  Notwithstanding Sections 242.066(b)  and (c), a penalty
 75-4    assessed in accordance with this section shall be $500 and a
 75-5    separate penalty may not be assessed for a separate day of a
 75-6    continuing violation.
 75-7          (c)  Section 242.0665 does not apply to a penalty assessed in
 75-8    accordance with this section.
 75-9          SECTION 2.05.  Subchapter C, Chapter 247, Health and Safety
75-10    Code, is amended by adding Section 247.0455 to read as follows:
75-11          Sec. 247.0455.  VIOLATION OF LAW RELATING TO ADVANCE
75-12    DIRECTIVES.  (a)  The department shall assess an administrative
75-13    penalty against a personal care facility that violates Section
75-14    166.004.
75-15          (b)  A penalty assessed under this section shall be $500.
75-16          (c)  The penalty shall be assessed in accordance with
75-17    department rules.  The rules must provide for notice and an
75-18    opportunity for a hearing.
75-19          SECTION 2.06.  Subchapter C, Chapter 248, Health and Safety
75-20    Code, is amended by adding Section 248.0545 to read as follows:
75-21          Sec. 248.0545.  VIOLATION OF LAW RELATING TO ADVANCE
75-22    DIRECTIVES.  (a)  The department shall assess an administrative
75-23    penalty against a special care facility that violates Section
75-24    166.004.
75-25          (b)  A penalty assessed under this section shall be $500.
75-26          (c)  The penalty shall be assessed in accordance with
75-27    department rules.  The rules must provide for notice and an
 76-1    opportunity for a hearing.
 76-2                ARTICLE 3.  TRANSITION AND EMERGENCY CLAUSE
 76-3          SECTION 3.01.  This Act takes effect September 1, 1999.
 76-4          SECTION 3.02.  (a)  The change in law made by this Act does
 76-5    not affect the validity of a document executed under Chapter 672 or
 76-6    674, Health and Safety Code, or Chapter 135, Civil Practice and
 76-7    Remedies Code, before the effective date of this Act.  A document
 76-8    executed before the effective date of this Act is governed by the
 76-9    law in effect on the date the document was executed, and that law
76-10    continues in effect for that purpose.
76-11          (b)  A reference in a law to a durable power of attorney for
76-12    health care means a medical power of attorney, as defined by
76-13    Section 166.002, Health and Safety Code, as added by this Act.
76-14          SECTION 3.03.  (a) The change in law made by this Act applies
76-15    only to the punishment for an offense committed on or after the
76-16    effective date of this Act.  For purposes of this section, an
76-17    offense is committed before the effective date of this Act if any
76-18    element of the offense occurs before the effective date.
76-19          (b)  An offense committed before the effective date of this
76-20    Act is covered by the law in effect when the offense was committed,
76-21    and the former law is continued in effect for that purpose.
76-22          SECTION 3.04.  The change in law made by this Act to Sections
76-23    166.045(b) and 166.095(b), Health and Safety Code, as redesignated
76-24    by this Act, applies only to conduct that occurs on or after
76-25    January 1, 2000.  Conduct that occurs before January 1, 2000, is
76-26    governed by the law as it existed immediately before the effective
76-27    date of this Act, and that law is continued in effect for that
 77-1    purpose.
 77-2          SECTION 3.05.  The importance of this legislation and the
 77-3    crowded condition of the calendars in both houses create an
 77-4    emergency and an imperative public necessity that the
 77-5    constitutional rule requiring bills to be read on three several
 77-6    days in each house be suspended, and this rule is hereby suspended.