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A BILL TO BE ENTITLED
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AN ACT
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relating to general procedures and requirements for |
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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. Subchapter A, Chapter 166, Health and Safety |
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Code, is amended by adding Section 166.012 to read as follows: |
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Sec. 166.012. GENERAL PROCEDURES AND REQUIREMENTS FOR |
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DO-NOT-RESUSCITATE ORDERS. (a) In this section, "DNR order" means |
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an order instructing a health care professional not to attempt |
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cardiopulmonary resuscitation or other life-sustaining treatment |
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on a patient whose circulatory or respiratory function ceases. The |
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term includes an out-of-hospital DNR order as defined by Section |
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166.081. |
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(b) This section applies to a DNR order used in a health care |
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facility, including a hospital or an assisted living facility, or |
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in hospice settings, including hospice services provided by a home |
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and community support services agency. |
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(c) A DNR order issued for a patient is valid only if: |
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(1) the order is issued in compliance with: |
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(A) the written directions of a patient who was |
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competent at the time the patient wrote the directions; |
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(B) the oral directions of a competent patient |
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given in the presence of a person authorized to make a treatment |
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decision under Section 166.039(b); |
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(C) the directions in an advance directive |
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enforceable under Section 166.005 or executed in accordance with |
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Section 166.032, 166.034, or 166.035; |
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(D) the directions of a patient's legal guardian |
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or agent under a medical power of attorney acting in accordance with |
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Subchapter D; or |
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(E) a treatment decision made in accordance with |
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Section 166.039; or |
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(2) in the reasonable medical judgment of the |
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patient's attending physician, the patient's death is imminent |
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within 24 hours regardless of the provision of cardiopulmonary |
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resuscitation or other life-sustaining treatment. |
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(d) A DNR order takes effect at the time the order is written |
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in the patient's chart or otherwise placed in the patient's medical |
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record. |
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(e) A DNR order issued by a physician must be in writing and |
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comply with this section. |
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(f) On admission to a health care facility or on initial |
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provision of hospice services, as applicable, the facility or |
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service provider shall provide to the patient or person authorized |
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to make treatment decisions on behalf of the patient notice of the |
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policies of the facility or service provider regarding the rights |
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of the patient and person authorized to make treatment decisions on |
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behalf of the patient under this section. |
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SECTION 2. The executive commissioner of the Health and |
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Human Services Commission shall adopt rules necessary to implement |
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Section 166.012, Health and Safety Code, as added by this Act, as |
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soon as practicable after the effective date of this Act. |
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SECTION 3. Section 166.012, Health and Safety Code, as |
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added by this Act, applies only to a do-not-resuscitate order |
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issued on or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2017. |