Bill Text: TX SB310 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the authority granted under and form of a medical power of attorney.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-02-07 - Referred to State Affairs [SB310 Detail]

Download: Texas-2019-SB310-Introduced.html
  86R3239 JG-F
 
  By: Rodríguez S.B. No. 310
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority granted under and form of a medical power
  of attorney.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 166, Health and Safety
  Code, is amended by adding Section 166.1525 to read as follows:
         Sec. 166.1525.  DESIGNATION OF JOINT AGENCY. (a) A medical
  power of attorney may designate two or more agents to act as joint
  agents and may provide the method of joint agency.
         (b)  If a medical power of attorney designates two or more
  agents to act as joint agents but does not provide a method of joint
  agency, an agent is authorized to act independently as the sole
  agent in the priority order in which the medical power of attorney
  lists the agents.
         (c)  If a medical power of attorney designates two or more
  agents to act as joint agents and provides a method of joint agency
  and the agents are unable to agree on a health care decision, an
  agent may act independently as the sole agent in the priority order
  in which the medical power of attorney lists the agents. This
  subsection does not affect the authority of the agents to act as
  joint agents in accordance with the power of attorney for a health
  care decision on which all agents agree.
         SECTION 2.  Section 166.160(d), Health and Safety Code, is
  amended to read as follows:
         (d)  An attending physician, health or residential care
  provider, or person acting as an agent for or under the physician's
  or provider's control has not engaged in unprofessional conduct
  for:
               (1)  failure to act as required by the directive of an
  agent or a medical power of attorney if the physician, provider, or
  person was not provided with a copy of the medical power of attorney
  or had no knowledge of a directive; [or]
               (2)  acting as required by an agent's directive if the
  medical power of attorney has expired or been revoked but the
  physician, provider, or person does not have knowledge of the
  expiration or revocation; or
               (3)  acting as required by an agent's directive if the
  medical power of attorney was not validly executed, provided the
  physician, provider, or person does not have actual knowledge of
  the medical power of attorney's invalid execution.
         SECTION 3.  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. A medical power of attorney may be in a form:
               (1)  described by Section 166.164;
               (2)  authorized under Section 166.005; or
               (3)  that:
                     (A)  meets the requirements of this subchapter,
  including execution in accordance with Section 166.154;
                     (B)  is in writing; and
                     (C)  contains:
                           (i)  the principal's name;
                           (ii)  the designation of an agent; and
                           (iii)  the date the medical power of
  attorney is executed.
         SECTION 4.  Section 166.164, Health and Safety Code, is
  amended to read as follows:
         Sec. 166.164.  FORM OF MEDICAL POWER OF ATTORNEY. A [The]
  medical power of attorney may [must] be in [substantially] the
  following form:
  MEDICAL POWER OF ATTORNEY DESIGNATION OF HEALTH CARE AGENT.
  I, __________ (insert your name) appoint:
  Name:___________________________________________________________
  Address:________________________________________________________
  Phone:__________________________________________________________
         as my agent to make any and all health care decisions for me,
  except to the extent I state otherwise in this document.  This
  medical power of attorney takes effect if I become unable to make my
  own health care decisions and this fact is certified in writing by
  my physician.
         LIMITATIONS ON THE DECISION-MAKING AUTHORITY OF MY AGENT ARE
  AS FOLLOWS: _____________________________________________________
  ________________________________________________________________
         DESIGNATION OF ALTERNATE AGENT.
         (You are not required to designate an alternate agent but you
  may do so.  An alternate agent may make the same health care
  decisions as the designated agent if the designated agent is unable
  or unwilling to act as your agent.  If the agent designated is your
  spouse, the designation is automatically revoked by law if your
  marriage is dissolved, annulled, or declared void unless this
  document provides otherwise.)
         If the person designated as my agent is unable or unwilling to
  make health care decisions for me, I designate the following
  persons to serve as my agent to make health care decisions for me as
  authorized by this document, who serve in the following order:
         A.  First Alternate Agent
               Name:________________________________________________
               Address:_____________________________________________
                     Phone: _________________________________________
         B.  Second Alternate Agent
               Name:________________________________________________
               Address:_____________________________________________
                     Phone: _________________________________________
               The original of this document is kept at:
               _____________________________________________________
               _____________________________________________________
               _____________________________________________________
         The following individuals or institutions have signed
  copies:
               Name:________________________________________________
               Address:_____________________________________________
               _____________________________________________________
               Name:________________________________________________
               Address:_____________________________________________
               _____________________________________________________
         DURATION.
         I understand that this power of attorney exists indefinitely
  from the date I execute this document unless I establish a shorter
  time or revoke the power of attorney. If I am unable to make health
  care decisions for myself when this power of attorney expires, the
  authority I have granted my agent continues to exist until the time
  I become able to make health care decisions for myself.
         (IF APPLICABLE)  This power of attorney ends on the following
  date: __________
         PRIOR DESIGNATIONS REVOKED.
         I revoke any prior medical power of attorney.
         DISCLOSURE STATEMENT.
         THIS MEDICAL POWER OF ATTORNEY IS AN IMPORTANT LEGAL
  DOCUMENT. BEFORE SIGNING THIS DOCUMENT, YOU SHOULD KNOW THESE
  IMPORTANT FACTS:
         Except to the extent you state otherwise, this document gives
  the person you name as your agent the authority to make any and all
  health care decisions for you in accordance with your wishes,
  including your religious and moral beliefs, when you are unable to
  make the decisions for yourself. Because "health care" means any
  treatment, service, or procedure to maintain, diagnose, or treat
  your physical or mental condition, your agent has the power to make
  a broad range of health care decisions for you. Your agent may
  consent, refuse to consent, or withdraw consent to medical
  treatment and may make decisions about withdrawing or withholding
  life-sustaining treatment. Your agent may not consent to voluntary
  inpatient mental health services, convulsive treatment,
  psychosurgery, or abortion. A physician must comply with your
  agent's instructions or allow you to be transferred to another
  physician.
         Your agent's authority is effective when your doctor
  certifies that you lack the competence to make health care
  decisions.
         Your agent is obligated to follow your instructions when
  making decisions on your behalf. Unless you state otherwise, your
  agent has the same authority to make decisions about your health
  care as you would have if you were able to make health care
  decisions for yourself.
         It is important that you discuss this document with your
  physician or other health care provider before you sign the
  document to ensure that you understand the nature and range of
  decisions that may be made on your behalf. If you do not have a
  physician, you should talk with someone else who is knowledgeable
  about these issues and can answer your questions. You do not need a
  lawyer's assistance to complete this document, but if there is
  anything in this document that you do not understand, you should ask
  a lawyer to explain it to you.
         The person you appoint as agent should be someone you know and
  trust. The person must be 18 years of age or older or a person under
  18 years of age who has had the disabilities of minority removed.
  If you appoint your health or residential care provider (e.g., your
  physician or an employee of a home health agency, hospital, nursing
  facility, or residential care facility, other than a relative),
  that person has to choose between acting as your agent or as your
  health or residential care provider; the law does not allow a person
  to serve as both at the same time.
         You should inform the person you appoint that you want the
  person to be your health care agent. You should discuss this
  document with your agent and your physician and give each a signed
  copy. You should indicate on the document itself the people and
  institutions that you intend to have signed copies. Your agent is
  not liable for health care decisions made in good faith on your
  behalf.
         Once you have signed this document, you have the right to make
  health care decisions for yourself as long as you are able to make
  those decisions, and treatment cannot be given to you or stopped
  over your objection. You have the right to revoke the authority
  granted to your agent by informing your agent or your health or
  residential care provider orally or in writing or by your execution
  of a subsequent medical power of attorney. Unless you state
  otherwise in this document, your appointment of a spouse is revoked
  if your marriage is dissolved, annulled, or declared void.
         This document may not be changed or modified. If you want to
  make changes in this document, you must execute a new medical power
  of attorney.
         You may wish to designate an alternate agent in the event that
  your agent is unwilling, unable, or ineligible to act as your agent.
  If you designate an alternate agent, the alternate agent has the
  same authority as the agent to make health care decisions for you.
         You may wish to designate two or more agents to act as joint
  agents and may provide the method of joint agency.  If you do not
  provide a method of joint agency, an agent is authorized to act
  independently as the sole agent in the priority order in which you
  list the agents, and third parties may rely on the decisions of the
  agent.
         THIS POWER OF ATTORNEY IS NOT VALID UNLESS:
               (1)  YOU SIGN IT AND HAVE YOUR SIGNATURE ACKNOWLEDGED
  BEFORE A NOTARY PUBLIC; OR
               (2)  YOU SIGN IT IN THE PRESENCE OF TWO COMPETENT ADULT
  WITNESSES.
         THE FOLLOWING PERSONS MAY NOT ACT AS ONE OF THE WITNESSES:
               (1)  the person you have designated as your agent;
               (2)  a person related to you by blood or marriage;
               (3)  a person entitled to any part of your estate after
  your death under a will or codicil executed by you or by operation
  of law;
               (4)  your attending physician;
               (5)  an employee of your attending physician;
               (6)  an employee of a health care facility in which you
  are a patient if the employee is providing direct patient care to
  you or is an officer, director, partner, or business office
  employee of the health care facility or of any parent organization
  of the health care facility; or
               (7)  a person who, at the time this medical power of
  attorney is executed, has a claim against any part of your estate
  after your death.
         By signing below, I acknowledge that I have read and
  understand the information contained in the above disclosure
  statement.
         (YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY. YOU MAY SIGN
  IT AND HAVE YOUR SIGNATURE ACKNOWLEDGED BEFORE A NOTARY PUBLIC OR
  YOU MAY SIGN IT IN THE PRESENCE OF TWO COMPETENT ADULT WITNESSES.)
         SIGNATURE ACKNOWLEDGED BEFORE NOTARY
         I sign my name to this medical power of attorney on __________
  day of __________ (month, year) at
  _____________________________________________
  (City and State)
  _____________________________________________
  (Signature)
  _____________________________________________
  (Print Name)
  State of Texas
  County of ________
  This instrument was acknowledged before me on __________ (date) by
  ________________ (name of person acknowledging).
                                          _____________________________
                                          NOTARY PUBLIC, State of Texas
                                          Notary's printed name:
                                          _____________________________
                                          My commission expires:
                                          _____________________________
  OR
         SIGNATURE IN PRESENCE OF TWO COMPETENT ADULT WITNESSES
         I sign my name to this medical power of attorney on __________
  day of __________ (month, year) at
  _____________________________________________
  (City and State)
  _____________________________________________
  (Signature)
  _____________________________________________
  (Print Name)
         STATEMENT OF FIRST WITNESS.
         I am not the person appointed as agent by this document.  I am
  not related to the principal by blood or marriage.  I would not be
  entitled to any portion of the principal's estate on the principal's
  death.  I am not the attending physician of the principal or an
  employee of the attending physician.  I have no claim against any
  portion of the principal's estate on the principal's
  death.  Furthermore, if I am an employee of a health care facility
  in which the principal is a patient, I am not involved in providing
  direct patient care to the principal and am not an officer,
  director, partner, or business office employee of the health care
  facility or of any parent organization of the health care facility.
         Signature:________________________________________________
         Print Name:___________________________________ Date: ______
         Address:__________________________________________________
         SIGNATURE OF SECOND WITNESS.
         Signature:________________________________________________
         Print Name:___________________________________ Date: ______
         Address:__________________________________________________
         SECTION 5.  Not later than December 1, 2019, the executive
  commissioner of the Health and Human Services Commission shall
  adopt the rules necessary to implement the changes in law made by
  this Act.
         SECTION 6.  The changes in law made by this Act apply only to
  a medical power of attorney executed on or after the effective date
  of this Act. A medical power of attorney executed before the
  effective date of this Act is governed by the law in effect
  immediately before the effective date of this Act, and the former
  law is continued in effect for that purpose.
         SECTION 7.  This Act takes effect September 1, 2019.
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