Bill Text: TX HB936 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to certain advance directives.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-03-01 - Referred to Public Health [HB936 Detail]

Download: Texas-2021-HB936-Introduced.html
  87R576 SCL-D
 
  By: Raymond H.B. No. 936
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain advance directives.
         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 Sections 166.012 and 166.013 to read as
  follows:
         Sec. 166.012.  PRESUMPTION OF VALIDITY; LIMITATION OF
  LIABILITY. (a) In the absence of actual knowledge to the contrary,
  a physician, health care provider or residential care provider as
  those terms are defined by Section 166.151, or person acting as an
  agent for or under the physician's or provider's control may presume
  that an advance directive is valid under this chapter and has been
  validly executed by a person authorized to execute the advance
  directive.
         (b)  The physician, health care provider, residential care
  provider, or other person described by Subsection (a) is not
  civilly or criminally liable or subject to review or disciplinary
  action by the appropriate licensing authority for following an
  advance directive or instructions of an advance directive that the
  physician, provider, or person presumes is valid under this
  chapter.
         Sec. 166.013.  DESIGNATED WRITTEN DIRECTIVE OR MEDICAL POWER
  OF ATTORNEY. (a) The executive commissioner shall review and
  designate documents meeting the requirements of this section to be
  recognized in this state as a valid form for a written directive or
  medical power of attorney.
         (b)  A document designated under this section must:
               (1)  be promulgated by a state or national nonprofit
  organization or association;
               (2)  be written in plain language;
               (3)  include a field for:
                     (A)  a declarant's name; and
                     (B)  the date the document is executed;
               (4)  for a document to be used as a written directive,
  allow a declarant to provide health care instructions;
               (5)  for a document to be used to appoint an agent under
  a medical power of attorney:
                     (A)  allow a declarant to appoint an agent;
                     (B)  allow a declarant to specify or limit the
  health care decisions an agent may make for the declarant;
                     (C)  meet the requirements of Subchapter D other
  than Section 166.164, including execution in accordance with
  Section 166.154; and
                     (D)  prohibit the appointment of two or more
  agents with concurrent authority to make a health care decision on
  behalf of the same declarant; and
               (6)  require the declarant to:
                     (A)  sign and date the document in the presence of
  two witnesses who qualify under Section 166.003, at least one of
  whom qualifies under Section 166.003(2); or
                     (B)  sign the document and have the signature
  acknowledged before a notary public.
         (c)  On designating a document in accordance with this
  section, the executive commissioner shall:
               (1)  place in a conspicuous manner on the first page of
  the document the commission's logo or similar acknowledgment
  evidencing the document is designated as a valid form of a written
  directive or medical power of attorney; and
               (2)  post on the commission's Internet website a link to
  the document.
         (d)  The commission shall post on the commission's Internet
  website instructions for a state or national nonprofit organization
  or association to submit a document to be considered under this
  section. The executive commissioner shall complete a review of the
  document not later than six months after the date the document is
  submitted.
         SECTION 2.  Section 166.031(1), Health and Safety Code, is
  amended to read as follows:
               (1)  "Directive" means an instruction made under
  Section 166.032, 166.034, or 166.035 to administer, withhold, or
  withdraw life-sustaining treatment in the event of a terminal or
  irreversible condition. The term includes an instruction made in a
  document designated as a valid form of written directive under
  Section 166.013 and executed as provided by this subchapter.
         SECTION 3.  Section 166.032(c), Health and Safety Code, is
  amended to read as follows:
         (c)  A declarant may include in a directive directions other
  than those provided in a document designated as a valid form of
  written directive under Section 166.013 or the form prescribed by
  Section 166.033 and may designate in a directive a person to make a
  health care or treatment decision for the declarant in the event the
  declarant becomes incompetent or otherwise mentally or physically
  incapable of communication.
         SECTION 4.  Subchapter B, Chapter 166, Health and Safety
  Code, is amended by adding Sections 166.0325 and 166.0335 to read as
  follows:
         Sec. 166.0325.  PERMISSIBLE FORMS OF WRITTEN DIRECTIVE. A
  written directive may be:
               (1)  in a document designated as a valid form of written
  directive under Section 166.013; 
               (2)  in a form that complies with Section 166.033; or
               (3)  in another form that satisfies the requirements of
  this chapter.
         Sec. 166.0335.  DIRECTIONS RELATING TO CARE OTHER THAN
  LIFE-SUSTAINING TREATMENT. (a) A declarant may include in a
  written directive instructions regarding personal, spiritual, or
  emotional care or additional care other than instructions to
  administer, withhold, or withdraw life-sustaining treatment.
         (b)  The instructions of a written directive described by
  Subsection (a) do not impose a duty, requirement, or obligation on a
  physician, health care provider or residential care provider as
  those terms are defined by Section 166.151, or person acting as an
  agent for or under the physician's or provider's control to comply
  with the instructions, but the physician, provider, or other person
  may make reasonable accommodations for the instructions.
         SECTION 5.  Section 166.036(a), Health and Safety Code, is
  amended to read as follows:
         (a)  Except as provided by Section 166.032(b-1) or
  166.013(b)(6)(B), a written directive executed under Section
  166.032 [166.033] or 166.035 is effective without regard to whether
  the document has been notarized.
         SECTION 6.  Section 166.102(b), Health and Safety Code, is
  amended to read as follows:
         (b)  When responding to a call for assistance, emergency
  medical services personnel:
               (1)  shall honor only a properly executed or issued
  out-of-hospital DNR order or prescribed DNR identification device
  in accordance with this subchapter; and
               (2)  have no duty to review, examine, interpret, or
  honor a person's other written directive, including a written
  directive in a document designated under Section 166.013 or the
  form prescribed by Section 166.033.
         SECTION 7.  Subchapter D, Chapter 166, Health and Safety
  Code, is amended by adding Section 166.163 to read as follows:
         Sec. 166.163.  PERMISSIBLE FORMS OF MEDICAL POWER OF
  ATTORNEY. Notwithstanding Section 166.164, a medical power of
  attorney may only be in a form:
               (1)  designated by the executive commissioner as a
  valid form for a medical power of attorney under Section 166.013; or
               (2)  substantially in compliance with the form
  prescribed by Section 166.164.
         SECTION 8.  As soon as practicable after the effective date
  of this Act, the executive commissioner of the Health and Human
  Services Commission shall develop and post on the commission's
  Internet website instructions for a state or national nonprofit
  organization or association to submit to the commission a document
  for consideration as a valid form for a written directive or medical
  power of attorney under Section 166.013, Health and Safety Code, as
  added by this Act.
         SECTION 9.  This Act takes effect September 1, 2021.
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