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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority granted under and form of a medical power |
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of attorney. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 166, Health and Safety |
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Code, is amended by adding Section 166.1525 to read as follows: |
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Sec. 166.1525. DESIGNATION OF CO-AGENTS. (a) In this |
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section, "co-agent" means an agent authorized under a medical power |
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of attorney to make a health care decision concurrently with one or |
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more other agents on behalf of the same principal. The term does |
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not include an alternate agent who exercises authority if the |
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designated agent is unwilling, unable, or ineligible to act. |
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(b) A medical power of attorney may designate two or more |
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agents to act as co-agents. The co-agents have authority to act |
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independently unless the medical power of attorney states |
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otherwise. |
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(c) A health or residential care provider, who has actual |
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knowledge of a disagreement between or who receives conflicting |
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directives from two or more co-agents authorized to act |
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independently under a medical power of attorney that does not |
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designate a co-agent to make decisions in the event of a |
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disagreement, may elect whether to follow the directive of any |
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co-agent. If the provider elects not to follow the directive of any |
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co-agent and the medical power of attorney designates one or more |
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alternate agents, the provider shall follow the directives of an |
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alternate agent in the priority order in which the medical power of |
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attorney lists the alternate agents. |
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(d) If two or more co-agents authorized to act jointly under |
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a medical power of attorney are in disagreement or if one or more |
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co-agents authorized to act jointly under a medical power of |
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attorney are not present to make a joint decision, a health or |
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residential care provider may elect whether to follow the directive |
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of any co-agent. A provider who elects not to follow the directive |
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of any co-agent for a medical power of attorney that designates one |
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or more alternate agents shall follow the directives of an |
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alternate agent in the priority order in which the medical power of |
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attorney lists the alternate agents. |
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(e) A health or residential care provider is not civilly or |
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criminally liable or subject to review or disciplinary action by |
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the appropriate licensing authority for following or electing not |
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to follow the directives of a co-agent in accordance with this |
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section. |
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SECTION 2. Section 166.160(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) An attending physician, health or residential care |
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provider, or person acting as an agent for or under the physician's |
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or provider's control has not engaged in unprofessional conduct |
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for: |
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(1) failure to act as required by the directive of an |
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agent or a medical power of attorney if the physician, provider, or |
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person was not provided with a copy of the medical power of attorney |
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or had no knowledge of a directive; [or] |
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(2) acting as required by an agent's directive if the |
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medical power of attorney has expired or been revoked but the |
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physician, provider, or person does not have knowledge of the |
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expiration or revocation; or |
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(3) acting as required by an agent's directive if the |
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medical power of attorney was not validly executed, provided the |
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physician, provider, or person does not have actual knowledge of |
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the medical power of attorney's invalid execution. |
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SECTION 3. Subchapter D, Chapter 166, Health and Safety |
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Code, is amended by adding Section 166.163 to read as follows: |
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Sec. 166.163. PERMISSIBLE FORMS OF MEDICAL POWER OF |
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ATTORNEY. A medical power of attorney may be in a form: |
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(1) described by Section 166.164; |
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(2) authorized under Section 166.005; or |
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(3) that: |
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(A) meets the requirements of this subchapter, |
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including execution in accordance with Section 166.154; |
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(B) is in writing; and |
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(C) contains: |
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(i) the principal's name; |
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(ii) the designation of an agent; and |
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(iii) the date the medical power of |
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attorney is executed. |
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SECTION 4. Section 166.164, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 166.164. FORM OF MEDICAL POWER OF ATTORNEY. A [The] |
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medical power of attorney may [must] be in [substantially] the |
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following form: |
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MEDICAL POWER OF ATTORNEY DESIGNATION OF HEALTH CARE AGENT. |
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I, __________ (insert your name) appoint: |
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Name:___________________________________________________________ |
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Address:________________________________________________________ |
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Phone:__________________________________________________________ |
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as my agent to make any and all health care decisions for me, |
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except to the extent I state otherwise in this document. This |
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medical power of attorney takes effect if I become unable to make my |
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own health care decisions and this fact is certified in writing by |
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my physician. |
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LIMITATIONS ON THE DECISION-MAKING AUTHORITY OF MY AGENT ARE |
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AS FOLLOWS: _____________________________________________________ |
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________________________________________________________________ |
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DESIGNATION OF ALTERNATE AGENT. |
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(You are not required to designate an alternate agent but you |
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may do so. An alternate agent may make the same health care |
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decisions as the designated agent if the designated agent is unable |
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or unwilling to act as your agent. If the agent designated is your |
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spouse, the designation is automatically revoked by law if your |
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marriage is dissolved, annulled, or declared void unless this |
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document provides otherwise.) |
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If the person designated as my agent is unable or unwilling to |
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make health care decisions for me, I designate the following |
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persons to serve as my agent to make health care decisions for me as |
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authorized by this document, who serve in the following order: |
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A. First Alternate Agent |
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Name:________________________________________________ |
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Address:_____________________________________________ |
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Phone: _________________________________________ |
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B. Second Alternate Agent |
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Name:________________________________________________ |
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Address:_____________________________________________ |
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Phone: _________________________________________ |
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The original of this document is kept at: |
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_____________________________________________________ |
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_____________________________________________________ |
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_____________________________________________________ |
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The following individuals or institutions have signed |
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copies: |
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Name:________________________________________________ |
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Address:_____________________________________________ |
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_____________________________________________________ |
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Name:________________________________________________ |
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Address:_____________________________________________ |
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_____________________________________________________ |
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DURATION. |
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I understand that this power of attorney exists indefinitely |
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from the date I execute this document unless I establish a shorter |
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time or revoke the power of attorney. If I am unable to make health |
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care decisions for myself when this power of attorney expires, the |
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authority I have granted my agent continues to exist until the time |
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I become able to make health care decisions for myself. |
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(IF APPLICABLE) This power of attorney ends on the following |
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date: __________ |
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PRIOR DESIGNATIONS REVOKED. |
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I revoke any prior medical power of attorney. |
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DISCLOSURE STATEMENT. |
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THIS MEDICAL POWER OF ATTORNEY IS AN IMPORTANT LEGAL |
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DOCUMENT. BEFORE SIGNING THIS DOCUMENT, YOU SHOULD KNOW THESE |
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IMPORTANT FACTS: |
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Except to the extent you state otherwise, this document gives |
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the person you name as your agent the authority to make any and all |
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health care decisions for you in accordance with your wishes, |
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including your religious and moral beliefs, when you are unable to |
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make the decisions for yourself. Because "health care" means any |
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treatment, service, or procedure to maintain, diagnose, or treat |
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your physical or mental condition, your agent has the power to make |
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a broad range of health care decisions for you. Your agent may |
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consent, refuse to consent, or withdraw consent to medical |
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treatment and may make decisions about withdrawing or withholding |
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life-sustaining treatment. Your agent may not consent to voluntary |
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inpatient mental health services, convulsive treatment, |
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psychosurgery, or abortion. A physician must comply with your |
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agent's instructions or allow you to be transferred to another |
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physician. |
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Your agent's authority is effective when your doctor |
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certifies that you lack the competence to make health care |
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decisions. |
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Your agent is obligated to follow your instructions when |
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making decisions on your behalf. Unless you state otherwise, your |
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agent has the same authority to make decisions about your health |
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care as you would have if you were able to make health care |
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decisions for yourself. |
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It is important that you discuss this document with your |
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physician or other health care provider before you sign the |
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document to ensure that you understand the nature and range of |
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decisions that may be made on your behalf. If you do not have a |
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physician, you should talk with someone else who is knowledgeable |
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about these issues and can answer your questions. You do not need a |
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lawyer's assistance to complete this document, but if there is |
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anything in this document that you do not understand, you should ask |
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a lawyer to explain it to you. |
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The person you appoint as agent should be someone you know and |
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trust. The person must be 18 years of age or older or a person under |
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18 years of age who has had the disabilities of minority removed. |
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If you appoint your health or residential care provider (e.g., your |
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physician or an employee of a home health agency, hospital, nursing |
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facility, or residential care facility, other than a relative), |
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that person has to choose between acting as your agent or as your |
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health or residential care provider; the law does not allow a person |
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to serve as both at the same time. |
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You should inform the person you appoint that you want the |
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person to be your health care agent. You should discuss this |
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document with your agent and your physician and give each a signed |
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copy. You should indicate on the document itself the people and |
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institutions that you intend to have signed copies. Your agent is |
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not liable for health care decisions made in good faith on your |
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behalf. |
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Once you have signed this document, you have the right to make |
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health care decisions for yourself as long as you are able to make |
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those decisions, and treatment cannot be given to you or stopped |
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over your objection. You have the right to revoke the authority |
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granted to your agent by informing your agent or your health or |
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residential care provider orally or in writing or by your execution |
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of a subsequent medical power of attorney. Unless you state |
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otherwise in this document, your appointment of a spouse is revoked |
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if your marriage is dissolved, annulled, or declared void. |
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This document may not be changed or modified. If you want to |
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make changes in this document, you must execute a new medical power |
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of attorney. |
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You may wish to designate an alternate agent in the event that |
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your agent is unwilling, unable, or ineligible to act as your agent. |
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If you designate an alternate agent, the alternate agent has the |
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same authority as the agent to make health care decisions for you. |
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THIS POWER OF ATTORNEY IS NOT VALID UNLESS: |
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(1) YOU SIGN IT AND HAVE YOUR SIGNATURE ACKNOWLEDGED |
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BEFORE A NOTARY PUBLIC; OR |
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(2) YOU SIGN IT IN THE PRESENCE OF TWO COMPETENT ADULT |
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WITNESSES. |
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THE FOLLOWING PERSONS MAY NOT ACT AS ONE OF THE WITNESSES: |
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(1) the person you have designated as your agent; |
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(2) a person related to you by blood or marriage; |
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(3) a person entitled to any part of your estate after |
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your death under a will or codicil executed by you or by operation |
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of law; |
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(4) your attending physician; |
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(5) an employee of your attending physician; |
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(6) an employee of a health care facility in which you |
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are a patient if the employee is providing direct patient care to |
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you or is an officer, director, partner, or business office |
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employee of the health care facility or of any parent organization |
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of the health care facility; or |
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(7) a person who, at the time this medical power of |
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attorney is executed, has a claim against any part of your estate |
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after your death. |
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By signing below, I acknowledge that I have read and |
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understand the information contained in the above disclosure |
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statement. |
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(YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY. YOU MAY SIGN |
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IT AND HAVE YOUR SIGNATURE ACKNOWLEDGED BEFORE A NOTARY PUBLIC OR |
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YOU MAY SIGN IT IN THE PRESENCE OF TWO COMPETENT ADULT WITNESSES.) |
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SIGNATURE ACKNOWLEDGED BEFORE NOTARY |
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I sign my name to this medical power of attorney on __________ |
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day of __________ (month, year) at |
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_____________________________________________ |
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(City and State) |
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_____________________________________________ |
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(Signature) |
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_____________________________________________ |
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(Print Name) |
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State of Texas |
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County of ________ |
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This instrument was acknowledged before me on __________ (date) by |
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________________ (name of person acknowledging). |
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_____________________________ |
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NOTARY PUBLIC, State of Texas |
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Notary's printed name: |
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_____________________________ |
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My commission expires: |
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_____________________________ |
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OR |
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SIGNATURE IN PRESENCE OF TWO COMPETENT ADULT WITNESSES |
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I sign my name to this medical power of attorney on __________ |
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day of __________ (month, year) at |
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_____________________________________________ |
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(City and State) |
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_____________________________________________ |
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(Signature) |
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_____________________________________________ |
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(Print Name) |
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STATEMENT OF FIRST WITNESS. |
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I am not the person appointed as agent by this document. I am |
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not related to the principal by blood or marriage. I would not be |
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entitled to any portion of the principal's estate on the principal's |
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death. I am not the attending physician of the principal or an |
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employee of the attending physician. I have no claim against any |
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portion of the principal's estate on the principal's |
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death. Furthermore, if I am an employee of a health care facility |
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in which the principal is a patient, I am not involved in providing |
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direct patient care to the principal and am not an officer, |
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director, partner, or business office employee of the health care |
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facility or of any parent organization of the health care facility. |
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Signature:________________________________________________ |
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Print Name:___________________________________ Date: ______ |
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Address:__________________________________________________ |
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SIGNATURE OF SECOND WITNESS. |
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Signature:________________________________________________ |
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Print Name:___________________________________ Date: ______ |
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Address:__________________________________________________ |
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SECTION 5. Not later than December 1, 2021, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt the rules necessary to implement the changes in law made by |
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this Act. |
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SECTION 6. The changes in law made by this Act apply only to |
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a medical power of attorney executed on or after the effective date |
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of this Act. A medical power of attorney executed before the |
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effective date of this Act is governed by the law in effect |
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immediately before the effective date of this Act, and the former |
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law is continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2021. |