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A BILL TO BE ENTITLED
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AN ACT
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relating to certain advance directives. |
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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 Sections 166.012 and 166.013 to read as |
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follows: |
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Sec. 166.012. PRESUMPTION OF VALIDITY; LIMITATION OF |
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LIABILITY. (a) In the absence of actual knowledge to the contrary, |
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a physician, health care provider or residential care provider as |
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those terms are defined by Section 166.151, or person acting as an |
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agent for or under the physician's or provider's control may presume |
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that an advance directive is valid under this chapter and has been |
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validly executed by a person authorized to execute the advance |
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directive. |
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(b) The physician, health care provider, residential care |
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provider, or other person described by Subsection (a) is not |
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civilly or criminally liable or subject to review or disciplinary |
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action by the appropriate licensing authority for following an |
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advance directive or instructions of an advance directive that the |
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physician, provider, or person presumes is valid under this |
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chapter. |
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Sec. 166.013. DESIGNATED WRITTEN DIRECTIVE OR MEDICAL POWER |
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OF ATTORNEY. (a) The executive commissioner shall review and |
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designate documents meeting the requirements of this section to be |
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recognized in this state as a valid form for a written directive or |
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medical power of attorney. |
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(b) A document designated under this section must: |
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(1) be promulgated by a state or national nonprofit |
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organization or association; |
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(2) be written in plain language; |
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(3) include a field for: |
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(A) a declarant's name; and |
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(B) the date the document is executed; |
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(4) for a document to be used as a written directive, |
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allow a declarant to provide health care instructions; |
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(5) for a document to be used to appoint an agent under |
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a medical power of attorney: |
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(A) allow a declarant to appoint an agent; |
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(B) allow a declarant to specify or limit the |
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health care decisions an agent may make for the declarant; |
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(C) meet the requirements of Subchapter D other |
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than Section 166.164, including execution in accordance with |
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Section 166.154; and |
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(D) prohibit the appointment of two or more |
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agents with concurrent authority to make a health care decision on |
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behalf of the same declarant; and |
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(6) require the declarant to: |
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(A) sign and date the document in the presence of |
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two witnesses who qualify under Section 166.003, at least one of |
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whom qualifies under Section 166.003(2); or |
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(B) sign the document and have the signature |
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acknowledged before a notary public. |
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(c) On designating a document in accordance with this |
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section, the executive commissioner shall: |
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(1) place in a conspicuous manner on the first page of |
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the document the commission's logo or similar acknowledgment |
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evidencing the document is designated as a valid form of a written |
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directive or medical power of attorney; and |
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(2) post on the commission's Internet website a link to |
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the document. |
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(d) The commission shall post on the commission's Internet |
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website instructions for a state or national nonprofit organization |
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or association to submit a document to be considered under this |
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section. The executive commissioner shall complete a review of the |
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document not later than six months after the date the document is |
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submitted. |
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SECTION 2. Section 166.031(1), Health and Safety Code, is |
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amended to read as follows: |
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(1) "Directive" means an instruction made under |
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Section 166.032, 166.034, or 166.035 to administer, withhold, or |
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withdraw life-sustaining treatment in the event of a terminal or |
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irreversible condition. The term includes an instruction made in a |
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document designated as a valid form of written directive under |
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Section 166.013 and executed as provided by this subchapter. |
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SECTION 3. Section 166.032(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) A declarant may include in a directive directions other |
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than those provided in a document designated as a valid form of |
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written directive under Section 166.013 or the form prescribed by |
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Section 166.033 and may designate in a directive a person to make a |
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health care or treatment decision for the declarant in the event the |
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declarant becomes incompetent or otherwise mentally or physically |
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incapable of communication. |
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SECTION 4. Subchapter B, Chapter 166, Health and Safety |
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Code, is amended by adding Sections 166.0325 and 166.0335 to read as |
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follows: |
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Sec. 166.0325. PERMISSIBLE FORMS OF WRITTEN DIRECTIVE. A |
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written directive may be: |
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(1) in a document designated as a valid form of written |
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directive under Section 166.013; |
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(2) in a form that complies with Section 166.033; or |
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(3) in another form that satisfies the requirements of |
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this chapter. |
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Sec. 166.0335. DIRECTIONS RELATING TO CARE OTHER THAN |
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LIFE-SUSTAINING TREATMENT. (a) A declarant may include in a |
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written directive instructions regarding personal, spiritual, or |
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emotional care or additional care other than instructions to |
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administer, withhold, or withdraw life-sustaining treatment. |
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(b) The instructions of a written directive described by |
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Subsection (a) do not impose a duty, requirement, or obligation on a |
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physician, health care provider or residential care provider as |
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those terms are defined by Section 166.151, or person acting as an |
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agent for or under the physician's or provider's control to comply |
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with the instructions, but the physician, provider, or other person |
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may make reasonable accommodations for the instructions. |
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SECTION 5. Section 166.036(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Except as provided by Section 166.032(b-1) or |
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166.013(b)(6)(B), a written directive executed under Section |
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166.032 [166.033] or 166.035 is effective without regard to whether |
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the document has been notarized. |
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SECTION 6. Section 166.102(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) When responding to a call for assistance, emergency |
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medical services personnel: |
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(1) shall honor only a properly executed or issued |
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out-of-hospital DNR order or prescribed DNR identification device |
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in accordance with this subchapter; and |
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(2) have no duty to review, examine, interpret, or |
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honor a person's other written directive, including a written |
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directive in a document designated under Section 166.013 or the |
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form prescribed by Section 166.033. |
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SECTION 7. 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. Notwithstanding Section 166.164, a medical power of |
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attorney may only be in a form: |
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(1) designated by the executive commissioner as a |
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valid form for a medical power of attorney under Section 166.013; or |
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(2) substantially in compliance with the form |
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prescribed by Section 166.164. |
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SECTION 8. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall develop and post on the commission's |
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Internet website instructions for a state or national nonprofit |
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organization or association to submit to the commission a document |
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for consideration as a valid form for a written directive or medical |
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power of attorney under Section 166.013, Health and Safety Code, as |
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added by this Act. |
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SECTION 9. This Act takes effect September 1, 2021. |