Enrolled Bill Summary

            Under previous law, advance directives or out-of-hospital orders to withhold or withdraw life-sustaining procedures in the event of a terminal condition were governed by three separate chapters within two different codes. Senate Bill 414 amends the Health and Safety Code to consolidate these provisions in a single chapter. In addition, a health care provider is required to maintain written policies regarding the implementation of advance directives, including a statement of any procedure the provider is unwilling or unable to withhold in accordance with an advance directive. The provider is further required to provide written notice of the policies to an affected individual or to another person responsible for the individual's health care decisions, and an administrative penalty is created for a hospital, institution, or facility that violates this requirement. An exemption from this requirement is provided for outpatient hospital services, including emergency services. The act establishes that a properly executed advance directive does not need to be notarized and prohibits a health care facility or professional from requiring that a directive be notarized or that a person use a form provided by the facility or professional.