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  85R4202 SCL-F
 
  By: Bonnen of Galveston H.B. No. 2063
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to general procedures and requirements for
  do-not-resuscitate orders.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 166, Health and Safety
  Code, is amended by adding Section 166.012 to read as follows:
         Sec. 166.012.  GENERAL PROCEDURES AND REQUIREMENTS FOR
  DO-NOT-RESUSCITATE ORDERS. (a) In this section, "DNR order" means
  an order instructing a health care professional not to attempt
  cardiopulmonary resuscitation or other life-sustaining treatment
  on a patient whose circulatory or respiratory function ceases. The
  term includes an out-of-hospital DNR order as defined by Section
  166.081.
         (b)  This section applies to a DNR order used in a health care
  facility, including a hospital or an assisted living facility, or
  in hospice settings, including hospice services provided by a home
  and community support services agency.
         (c)  A DNR order issued for a patient is valid only if:
               (1)  the order is issued in compliance with:
                     (A)  the written directions of a patient who was
  competent at the time the patient wrote the directions;
                     (B)  the oral directions of a competent patient
  given in the presence of a person authorized to make a treatment
  decision under Section 166.039(b);
                     (C)  the directions in an advance directive
  enforceable under Section 166.005 or executed in accordance with
  Section 166.032, 166.034, or 166.035;
                     (D)  the directions of a patient's legal guardian
  or agent under a medical power of attorney acting in accordance with
  Subchapter D; or
                     (E)  a treatment decision made in accordance with
  Section 166.039; or
               (2)  in the reasonable medical judgment of the
  patient's attending physician, the patient's death is imminent
  within 24 hours regardless of the provision of cardiopulmonary
  resuscitation or other life-sustaining treatment.
         (d)  A DNR order takes effect at the time the order is written
  in the patient's chart or otherwise placed in the patient's medical
  record.
         (e)  A DNR order issued by a physician must be in writing and
  comply with this section.
         (f)  On admission to a health care facility or on initial
  provision of hospice services, as applicable, the facility or
  service provider shall provide to the patient or person authorized
  to make treatment decisions on behalf of the patient notice of the
  policies of the facility or service provider regarding the rights
  of the patient and person authorized to make treatment decisions on
  behalf of the patient under this section.
         SECTION 2.  The executive commissioner of the Health and
  Human Services Commission shall adopt rules necessary to implement
  Section 166.012, Health and Safety Code, as added by this Act, as
  soon as practicable after the effective date of this Act.
         SECTION 3.  Section 166.012, Health and Safety Code, as
  added by this Act, applies only to a do-not-resuscitate order
  issued on or after the effective date of this Act.
         SECTION 4.  This Act takes effect September 1, 2017.