85R4202 SCL-F
By: Bonnen of Galveston H.B. No. 2063
A BILL TO BE ENTITLED
AN ACT
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. The
term includes an out-of-hospital DNR order as defined by Section
166.081.
(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.
(c) A DNR order issued for a patient is valid only if:
(1) the order 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
given in the presence of a person authorized to make a treatment
decision under Section 166.039(b);
(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) in the reasonable medical judgment of the
patient's attending physician, the patient's death is imminent
within 24 hours regardless of the provision of cardiopulmonary
resuscitation or other life-sustaining treatment.
(d) A DNR order takes effect at the time the order is written
in the patient's chart or otherwise placed in the patient's medical
record.
(e) A DNR order issued by a physician must be in writing and
comply with this section.
(f) 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 September 1, 2017.