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A BILL TO BE ENTITLED
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AN ACT
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relating to the protocol for certain do not resuscitate orders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 166.101(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The board shall, on the recommendation of the |
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department, adopt all reasonable and necessary rules to carry out |
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the purposes of this subchapter, including rules: |
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(1) adopting a statewide out-of-hospital DNR order |
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protocol that sets out standard procedures for the withholding of |
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cardiopulmonary resuscitation and certain other life-sustaining |
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treatment by health care professionals acting in out-of-hospital |
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settings and includes the alternatives described in Section |
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166.082; |
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(2) designating life-sustaining treatment that may be |
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included in an out-of-hospital DNR order, including all procedures |
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listed in Sections 166.081(6)(A)(i) through (v); |
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(3) explicitly specifying that an out-of-hospital DNR |
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order may be issued by a physician only in compliance with a |
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directive or instruction issued in accordance with the alternatives |
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described in Section 166.082; |
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(4) explicitly specifying that DNR orders applicable |
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in hospitals may be issued only in compliance with: |
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(A) the directions of the patient if competent; |
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(B) the directions in an advance directive in |
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accordance with Section 166.005 or 166.032; |
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(C) the directions of the patient's legal |
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guardian or agent under a medical power of attorney; |
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(D) a treatment decision in accordance with |
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Section 166.039; or |
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(E) a reasonable medical judgment by the |
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attending physician that the patient's death is imminent within |
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minutes or hours even if cardiopulmonary resuscitation is provided; |
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and |
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(5) [(3)] governing recordkeeping in circumstances in |
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which an out-of-hospital DNR order or DNR identification device is |
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encountered by responding health care professionals. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |