Bill Text: TX HB12 | 2017 | 85th Legislature 1st Special Session | Introduced
Bill Title: Relating to general procedures and requirements for do-not-resuscitate orders.
Sponsorship: Partisan Bill (Republican 76-1)
Status: (Introduced - Dead) 2017-08-03 - Left pending in committee [HB12 Detail]
Download: Texas-2017-HB12-Introduced.html
| 85S10173 JG-F | ||
| By: Bonnen of Galveston | H.B. No. 12 | |
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| relating to general procedures and requirements for | ||
| do-not-resuscitate orders. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 166, Health and Safety | ||
| Code, is amended by adding Section 166.012 to read as follows: | ||
| Sec. 166.012. GENERAL PROCEDURES AND REQUIREMENTS FOR | ||
| DO-NOT-RESUSCITATE ORDERS. (a) In this section, "DNR order" means | ||
| an order instructing a health care professional not to attempt | ||
| cardiopulmonary resuscitation or other life-sustaining treatment | ||
| on a patient whose circulatory or respiratory function ceases. | ||
| (b) This section applies to a DNR order used in a health care | ||
| facility, including a hospital or an assisted living facility, or | ||
| in hospice settings, including hospice services provided by a home | ||
| and community support services agency. This section does not apply | ||
| to an out-of-hospital DNR order as defined by Section 166.081. | ||
| (c) A DNR order issued for a patient is valid only if the | ||
| order: | ||
| (1) is issued in compliance with: | ||
| (A) the written directions of a patient who was | ||
| competent at the time the patient wrote the directions; | ||
| (B) the oral directions of a competent patient | ||
| delivered to or observed by two competent adult witnesses, at least | ||
| one of whom must be a person not listed under Section 166.003(2); | ||
| (C) the directions in an advance directive | ||
| enforceable under Section 166.005 or executed in accordance with | ||
| Section 166.032, 166.034, or 166.035; | ||
| (D) the directions of a patient's legal guardian | ||
| or agent under a medical power of attorney acting in accordance with | ||
| Subchapter D; or | ||
| (E) a treatment decision made in accordance with | ||
| Section 166.039; or | ||
| (2) is not contrary to the directions of a patient who | ||
| was competent at the time the patient conveyed the directions and, | ||
| in the reasonable medical judgment of the patient's attending | ||
| physician: | ||
| (A) the patient's death is imminent, regardless | ||
| of the provision of cardiopulmonary resuscitation; and | ||
| (B) the DNR order is medically appropriate. | ||
| (d) If an individual described by Section 166.039(b)(1), | ||
| (2), or (3) arrives at the facility and notifies the facility of the | ||
| individual's arrival after a DNR order is issued under Subsection | ||
| (c)(2), the order must be disclosed to the individual in accordance | ||
| with the priority established under Section 166.039(b). | ||
| (e) The facility may satisfy the notice requirement under | ||
| Subsection (d) by notifying one person in accordance with the | ||
| priority established under Section 166.039(b). The facility is not | ||
| required to notify additional persons beyond the first person | ||
| notified. | ||
| (f) A DNR order takes effect at the time the order is issued, | ||
| provided the order is placed in the patient's medical record as soon | ||
| as practicable. | ||
| (g) On admission to a health care facility or on initial | ||
| provision of hospice services, as applicable, the facility or | ||
| service provider shall provide to the patient or person authorized | ||
| to make treatment decisions on behalf of the patient notice of the | ||
| policies of the facility or service provider regarding the rights | ||
| of the patient and person authorized to make treatment decisions on | ||
| behalf of the patient under this section. | ||
| SECTION 2. The executive commissioner of the Health and | ||
| Human Services Commission shall adopt rules necessary to implement | ||
| Section 166.012, Health and Safety Code, as added by this Act, as | ||
| soon as practicable after the effective date of this Act. | ||
| SECTION 3. Section 166.012, Health and Safety Code, as | ||
| added by this Act, applies only to a do-not-resuscitate order | ||
| issued on or after the effective date of this Act. | ||
| SECTION 4. This Act takes effect April 1, 2018. | ||
