Texas 2013 - 83rd Regular

Texas House Bill HB2124 Compare Versions

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1	1	83R20004 CLG-F
2	2	By: Thompson of Harris H.B. No. 2124
3	3	Substitute the following for H.B. No. 2124:
4	4	By: Farrar C.S.H.B. No. 2124
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a medical power of attorney.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 166.163 and 166.164, Health and Safety
12	12	Code, are amended to read as follows:
13	13	Sec. 166.163. FORM OF DISCLOSURE STATEMENT. The disclosure
14	14	statement must be in substantially the following form:
15	15	INFORMATION CONCERNING THE MEDICAL POWER OF ATTORNEY
16	16	THIS IS AN IMPORTANT LEGAL DOCUMENT. BEFORE SIGNING THIS
17	17	DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS:
18	18	Except to the extent you state otherwise, this document gives
19	19	the person you name as your agent the authority to make any and all
20	20	health care decisions for you in accordance with your wishes,
21	21	including your religious and moral beliefs, when you are no longer
22	22	capable of making them yourself. Because "health care" means any
23	23	treatment, service, or procedure to maintain, diagnose, or treat
24	24	your physical or mental condition, your agent has the power to make
25	25	a broad range of health care decisions for you. Your agent may
26	26	consent, refuse to consent, or withdraw consent to medical
27	27	treatment and may make decisions about withdrawing or withholding
28	28	life-sustaining treatment. Your agent may not consent to voluntary
29	29	inpatient mental health services, convulsive treatment,
30	30	psychosurgery, or abortion. A physician must comply with your
31	31	agent's instructions or allow you to be transferred to another
32	32	physician.
33	33	Your agent's authority begins when your doctor certifies that
34	34	you lack the competence to make health care decisions.
35	35	Your agent is obligated to follow your instructions when
36	36	making decisions on your behalf. Unless you state otherwise, your
37	37	agent has the same authority to make decisions about your health
38	38	care as you would have had.
39	39	It is important that you discuss this document with your
40	40	physician or other health care provider before you sign it to make
41	41	sure that you understand the nature and range of decisions that may
42	42	be made on your behalf. If you do not have a physician, you should
43	43	talk with someone else who is knowledgeable about these issues and
44	44	can answer your questions. You do not need a lawyer's assistance to
45	45	complete this document, but if there is anything in this document
46	46	that you do not understand, you should ask a lawyer to explain it to
47	47	you.
48	48	The person you appoint as agent should be someone you know and
49	49	trust. The person must be 18 years of age or older or a person under
50	50	18 years of age who has had the disabilities of minority removed.
51	51	If you appoint your health or residential care provider (e.g., your
52	52	physician or an employee of a home health agency, hospital, nursing
53	53	home, or residential care home, other than a relative), that person
54	54	has to choose between acting as your agent or as your health or
55	55	residential care provider; the law does not permit a person to do
56	56	both at the same time.
57	57	You should inform the person you appoint that you want the
58	58	person to be your health care agent. You should discuss this
59	59	document with your agent and your physician and give each a signed
60	60	copy. You should indicate on the document itself the people and
61	61	institutions who have signed copies. Your agent is not liable for
62	62	health care decisions made in good faith on your behalf.
63	63	Even after you have signed this document, you have the right
64	64	to make health care decisions for yourself as long as you are able
65	65	to do so and treatment cannot be given to you or stopped over your
66	66	objection. You have the right to revoke the authority granted to
67	67	your agent by informing your agent or your health or residential
68	68	care provider orally or in writing or by your execution of a
69	69	subsequent medical power of attorney. Unless you state otherwise,
70	70	your appointment of a spouse dissolves on divorce.
71	71	This document may not be changed or modified. If you want to
72	72	make changes in the document, you must make an entirely new one.
73	73	You may wish to designate an alternate agent in the event that
74	74	your agent is unwilling, unable, or ineligible to act as your agent.
75	75	Any alternate agent you designate has the same authority to make
76	76	health care decisions for you.
77	77	THIS POWER OF ATTORNEY IS NOT VALID UNLESS:
78	78	(1) YOU SIGN IT AND HAVE YOUR SIGNATURE ACKNOWLEDGED
79	79	BEFORE A NOTARY PUBLIC; OR
80	80	(2) YOU SIGN IT [IS SIGNED] IN THE PRESENCE OF TWO
81	81	COMPETENT ADULT WITNESSES.
82	82	THE FOLLOWING PERSONS MAY NOT ACT AS ONE OF THE WITNESSES:
83	83	(1) the person you have designated as your agent;
84	84	(2) a person related to you by blood or marriage;
85	85	(3) a person entitled to any part of your estate after
86	86	your death under a will or codicil executed by you or by operation
87	87	of law;
88	88	(4) your attending physician;
89	89	(5) an employee of your attending physician;
90	90	(6) an employee of a health care facility in which you
91	91	are a patient if the employee is providing direct patient care to
92	92	you or is an officer, director, partner, or business office
93	93	employee of the health care facility or of any parent organization
94	94	of the health care facility; or
95	95	(7) a person who, at the time this power of attorney is
96	96	executed, has a claim against any part of your estate after your
97	97	death.
98	98	Sec. 166.164. FORM OF MEDICAL POWER OF ATTORNEY. The
99	99	medical power of attorney must be in substantially the following
100	100	form:
101	101	MEDICAL POWER OF ATTORNEY DESIGNATION OF HEALTH CARE AGENT.
102	102	I, __________ (insert your name) appoint:
103	103	Name:___________________________________________________________
104	104	Address:________________________________________________________
105	105	Phone___________________________________________________________
106	106	as my agent to make any and all health care decisions for me,
107	107	except to the extent I state otherwise in this document. This
108	108	medical power of attorney takes effect if I become unable to make my
109	109	own health care decisions and this fact is certified in writing by
110	110	my physician.
111	111	LIMITATIONS ON THE DECISION-MAKING AUTHORITY OF MY AGENT ARE
112	112	AS FOLLOWS:_____________________________________________________
113	113	_____________________________________________________
114	114	DESIGNATION OF ALTERNATE AGENT.
115	115	(You are not required to designate an alternate agent but you
116	116	may do so. An alternate agent may make the same health care
117	117	decisions as the designated agent if the designated agent is unable
118	118	or unwilling to act as your agent. If the agent designated is your
119	119	spouse, the designation is automatically revoked by law if your
120	120	marriage is dissolved.)
121	121	If the person designated as my agent is unable or unwilling to
122	122	make health care decisions for me, I designate the following
123	123	persons to serve as my agent to make health care decisions for me as
124	124	authorized by this document, who serve in the following order:
125	125	A. First Alternate Agent
126	126	Name:_____________________________________________
127	127	Address:__________________________________________
128	128	Phone________________________________________
129	129	B. Second Alternate Agent
130	130	Name:_____________________________________________
131	131	Address:__________________________________________
132	132	Phone________________________________________
133	133	The original of this document is kept at:
134	134	__________________________________________________
135	135	__________________________________________________
136	136	__________________________________________________
137	137	The following individuals or institutions have signed
138	138	copies:
139	139	Name:_____________________________________________
140	140	Address:__________________________________________
141	141	__________________________________________________
142	142	Name:_____________________________________________
143	143	Address:__________________________________________
144	144	__________________________________________________
145	145	DURATION.
146	146	I understand that this power of attorney exists indefinitely
147	147	from the date I execute this document unless I establish a shorter
148	148	time or revoke the power of attorney. If I am unable to make health
149	149	care decisions for myself when this power of attorney expires, the
150	150	authority I have granted my agent continues to exist until the time
151	151	I become able to make health care decisions for myself.
152	152	(IF APPLICABLE) This power of attorney ends on the following
153	153	date: __________
154	154	PRIOR DESIGNATIONS REVOKED.
155	155	I revoke any prior medical power of attorney.
156	156	ACKNOWLEDGMENT OF DISCLOSURE STATEMENT.
157	157	I have been provided with a disclosure statement explaining
158	158	the effect of this document. I have read and understand that
159	159	information contained in the disclosure statement.
160	160	(YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY. YOU MAY SIGN
161	161	IT AND HAVE YOUR SIGNATURE ACKNOWLEDGED BEFORE A NOTARY PUBLIC OR
162	162	YOU MAY SIGN IT IN THE PRESENCE OF TWO COMPETENT ADULT WITNESSES.)
163	163	SIGNATURE ACKNOWLEDGED BEFORE NOTARY
164	164	I sign my name to this medical power of attorney on __________
165	165	day of __________ (month, year) at
166	166	_____________________________________________
167	167	(City and State)
168	168	_____________________________________________
169	169	(Signature)
170	170	_____________________________________________
171	171	(Print Name)
172	172	State of Texas
173	173	County of ________
174	174	This instrument was acknowledged before me on __________ (date) by
175	175	________________ (name of person acknowledging).
176	176	_____________________________
177	177	NOTARY PUBLIC, State of Texas
178	178	Notary's printed name:
179	179	_____________________________
180	180	My commission expires:
181	181	_____________________________
182	182	OR
183	183	SIGNATURE IN PRESENCE OF TWO COMPETENT ADULT WITNESSES
184	184	I sign my name to this medical power of attorney on __________
185	185	day of __________ (month, year) at
186	186	_____________________________________________
187	187	(City and State)
188	188	_____________________________________________
189	189	(Signature)
190	190	_____________________________________________
191	191	(Print Name)
192	192	STATEMENT OF FIRST WITNESS.
193	193	I am not the person appointed as agent by this document. I am
194	194	not related to the principal by blood or marriage. I would not be
195	195	entitled to any portion of the principal's estate on the principal's
196	196	death. I am not the attending physician of the principal or an
197	197	employee of the attending physician. I have no claim against any
198	198	portion of the principal's estate on the principal's death.
199	199	Furthermore, if I am an employee of a health care facility in which
200	200	the principal is a patient, I am not involved in providing direct
201	201	patient care to the principal and am not an officer, director,
202	202	partner, or business office employee of the health care facility or
203	203	of any parent organization of the health care facility.
204	204	Signature:________________________________________________
205	205	Print Name:___________________________________ Date:______
206	206	Address:__________________________________________________
207	207	SIGNATURE OF SECOND WITNESS.
208	208	Signature:________________________________________________
209	209	Print Name:___________________________________ Date:______
210	210	Address:__________________________________________________
211	211	SECTION 2. Section 166.165, Health and Safety Code, is
212	212	amended by amending Subsections (a) and (c) and adding Subsection
213	213	(a-1) to read as follows:
214	214	(a) A person who is a near relative of the principal or a
215	215	responsible adult who is directly interested in the principal,
216	216	including a guardian, social worker, physician, or clergyman, may
217	217	bring an action [in district court] to request that the medical
218	218	power of attorney be revoked because the principal, at the time the
219	219	medical power of attorney was signed:
220	220	(1) was not competent; or
221	221	(2) was under duress, fraud, or undue influence.
222	222	(a-1) In a county in which there is no statutory probate
223	223	court, an action under this section shall be brought in the district
224	224	court. In a county in which there is a statutory probate court, the
225	225	statutory probate court and the district court have concurrent
226	226	jurisdiction over an action brought under this section.
227	227	(c) During the pendency of the action, the authority of the
228	228	agent to make health care decisions continues in effect unless the
229	229	[district] court orders otherwise.
230	230	SECTION 3. Not later than October 1, 2013, the executive
231	231	commissioner of the Health and Human Services Commission shall
232	232	adopt the forms necessary to comply with the changes in law made by
233	233	this Act to Sections 166.163 and 166.164, Health and Safety Code.
234	234	SECTION 4. The change in law made by this Act to Section
235	235	166.164, Health and Safety Code, does not affect the validity of a
236	236	document executed under that section before the effective date of
237	237	this section. A document executed before the effective date of this
238	238	section is governed by the law in effect on the date the document
239	239	was executed, and that law continues in effect for that purpose.
240	240	SECTION 5. The change in law made by this Act to Section
241	241	166.165, Health and Safety Code, applies to an action brought under
242	242	that section on or after the effective date of this Act, regardless
243	243	of whether the power of attorney was executed before, on, or after
244	244	the effective date of this Act.
245	245	SECTION 6. (a) Except as provided by Subsection (b) of this
246	246	section, this Act takes effect September 1, 2013.
247	247	(b) Sections 1 and 4 of this Act take effect January 1, 2014.