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A BILL TO BE ENTITLED
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AN ACT
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relating to advance directives for persons with mental illness. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 166.002(1), Health and Safety Code, is |
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amended to read as follows: |
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(1) "Advance directive" means: |
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(A) a directive, as that term is defined by |
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Section 166.031; |
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(B) an out-of-hospital DNR order, as that term is |
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defined by Section 166.081; [or] |
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(C) a medical power of attorney under Subchapter |
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D; or |
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(D) an advance directive for a person with mental |
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illness. |
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SECTION 2. Chapter 166, Health and Safety Code, is amended |
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by adding Subchapter E to read as follows: |
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SUBCHAPTER E. ADVANCE DIRECTIVE FOR PERSON WITH MENTAL ILLNESS |
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Sec. 166.201. DEFINITIONS. In this subchapter: |
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(1) "Assisted outpatient treatment team" means a team |
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that assists a person with mental illness to: |
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(A) obtain outpatient services necessary to |
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treat the person's mental illness; |
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(B) maintain the person's independence; |
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(C) protect the person's autonomy; |
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(D) avoid court-ordered treatment; and |
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(E) avoid involvement with the criminal justice |
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system, including arrest and incarceration in jail. |
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(2) "Mental illness" has the meaning assigned by |
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Section 571.003. |
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Sec. 166.202. WRITTEN DIRECTIVE BY COMPETENT ADULT; NOTICE |
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TO PHYSICIAN. (a) A competent adult may at any time execute a |
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written directive under this subchapter. |
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(b) Except as provided by Subsection (c), the declarant must |
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sign the directive in the presence of two witnesses who qualify |
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under Section 166.003, at least one of whom must be a witness who |
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qualifies under Section 166.003(2). The witnesses must sign the |
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directive. A judge of a court with probate jurisdiction may not be |
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a witness. |
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(c) The declarant, in lieu of signing in the presence of |
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witnesses, may sign the directive and have the signature |
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acknowledged before a notary public. |
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(d) A declarant shall notify the declarant's physician of |
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the existence of a written directive. If the declarant is |
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incompetent or otherwise mentally or physically incapable of |
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communication, another person may notify the declarant's physician |
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of the existence of the written directive. The physician shall make |
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the directive a part of the declarant's medical record. |
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Sec. 166.203. FORM OF WRITTEN DIRECTIVE. A written |
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directive may be in the following form: |
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DIRECTIVE TO PHYSICIANS, FAMILY OR SURROGATES, AND MEMBERS OF THE |
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ASSISTED OUTPATIENT TREATMENT TEAM: |
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Instructions for completing this document: |
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This is an important legal document known as an Advance |
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Directive. It is designed to help you communicate your wishes about |
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treatment at some time in the future when you are unable to make |
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rational decisions because of mental illness. An assisted |
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outpatient treatment team, as defined by Section 166.201, Health |
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and Safety Code, will assist you on a course of action tailored to |
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your individual needs and circumstances. The directive must be in |
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your own words or ratified by you. |
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If you decide to execute this directive, you should provide a |
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copy of your directive to your physician, assisted outpatient |
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treatment team, usual hospital, family, and spokesperson. Consider |
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a periodic review of this document. By periodic review, you can best |
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assure that the directive reflects your preferences. |
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In addition to this Advance Directive, Texas law provides for |
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a Medical Power of Attorney. |
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DIRECTIVE |
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I, __________, recognize that the best health care is based |
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upon a partnership of trust and communication with people who care |
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about my mental health. As long as I am of sound mind and able to |
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make my wishes known, I will make decisions regarding my mental |
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health. If there comes a time that I am unable to make competent |
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decisions about myself because of mental illness, I direct that the |
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following treatment preferences be honored: |
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1. If, in the judgment of my physician, assisted outpatient |
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treatment team, usual hospital, or my designated spokesperson, my |
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judgment has become severely impaired from mental illness, as I |
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have determined that condition to be, I request that I be |
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transported, forcibly if necessary, to a safe place, which does not |
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include jail or inpatient hospitalization. |
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2. How to tell when my judgment is severely impaired from my |
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mental illness: |
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________________________________________________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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3. Additional requests: |
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________________________________________________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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If I do not have a Medical Power of Attorney, and I am unable |
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to make my wishes known, I designate the following person(s) to make |
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treatment decisions with my physician compatible with my personal |
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values: |
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1. ___________________________________________________________ |
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2. ___________________________________________________________ |
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(If a Medical Power of Attorney has been executed, then an |
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agent already has been named and you should not list additional |
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names in this document.) |
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If the above persons are not available, or if I have not |
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designated a spokesperson, I understand that a spokesperson will be |
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chosen for me following standards specified in the laws of Texas. |
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Signed__________ Date__________ City, County, State of |
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Residence__________ |
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Two competent adult witnesses must sign below, acknowledging |
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the signature of the declarant. A witness designated as either |
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Witness 1 or 2 may not be a judge of a court with probate |
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jurisdiction: |
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Witness 1 __________________________________ |
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Witness 2 __________________________________ |
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SECTION 3. 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, 2013. |