Texas 2017 - 85th Regular

Texas House Bill HB995 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Wray, Guillen (Senate Sponsor - Rodríguez) H.B. No. 995
2		-	(In the Senate - Received from the House May 10, 2017;
3		-	May 10, 2017, read first time and referred to Committee on State
4		-	Affairs; May 18, 2017, reported favorably by the following vote:
5		-	Yeas 9, Nays 0; May 18, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 995
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the form and revocation of medical powers of attorney.
12	6		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	7		SECTION 1. The heading to Section 166.155, Health and
14	8		Safety Code, is amended to read as follows:
15	9		Sec. 166.155. REVOCATION; EFFECT OF TERMINATION OF
16	10		MARRIAGE.
17	11		SECTION 2. Section 166.155, Health and Safety Code, is
18	12		amended by amending Subsection (a) and adding Subsection (a-1) to
19	13		read as follows:
20	14		(a) A medical power of attorney is revoked by:
21	15		(1) oral or written notification at any time by the
22	16		principal to the agent or a licensed or certified health or
23	17		residential care provider or by any other act evidencing a specific
24	18		intent to revoke the power, without regard to whether the principal
25	19		is competent or the principal's mental state; or
26	20		(2) execution by the principal of a subsequent medical
27	21		power of attorney. [; or]
28	22		(a-1) An agent's authority under a medical power of attorney
29	23		is revoked if the agent's marriage to [(3) the divorce of] the
30	24		principal is dissolved, annulled, or declared void [and spouse, if
31	25		the spouse is the principal's agent,] unless the medical power of
32	26		attorney provides otherwise.
33	27		SECTION 3. Section 166.164, Health and Safety Code, is
34	28		amended to read as follows:
35	29		Sec. 166.164. FORM OF MEDICAL POWER OF ATTORNEY. The
36	30		medical power of attorney must be in substantially the following
37	31		form:
38	32		MEDICAL POWER OF ATTORNEY DESIGNATION OF HEALTH CARE AGENT.
39	33		I, __________ (insert your name) appoint:
40	34		Name:___________________________________________________________
41	35		Address:________________________________________________________
42	36		Phone___________________________________________________________
43	37		as my agent to make any and all health care decisions for me,
44	38		except to the extent I state otherwise in this document. This
45	39		medical power of attorney takes effect if I become unable to make my
46	40		own health care decisions and this fact is certified in writing by
47	41		my physician.
48	42		LIMITATIONS ON THE DECISION-MAKING AUTHORITY OF MY AGENT ARE
49	43		AS FOLLOWS:_____________________________________________________
50	44		________________________________________________________________
51	45		DESIGNATION OF ALTERNATE AGENT.
52	46		(You are not required to designate an alternate agent but you
53	47		may do so. An alternate agent may make the same health care
54	48		decisions as the designated agent if the designated agent is unable
55	49		or unwilling to act as your agent. If the agent designated is your
56	50		spouse, the designation is automatically revoked by law if your
57	51		marriage is dissolved, annulled, or declared void unless this
58	52		document provides otherwise.)
59	53		If the person designated as my agent is unable or unwilling to
60	54		make health care decisions for me, I designate the following
61	55		persons to serve as my agent to make health care decisions for me as
62	56		authorized by this document, who serve in the following order:
63	57		A. First Alternate Agent
64	58		Name:________________________________________________
65	59		Address:_____________________________________________
66	60		Phone __________________________________________
67	61		B. Second Alternate Agent
68	62		Name:________________________________________________
69	63		Address:_____________________________________________
70	64		Phone __________________________________________
71	65		The original of this document is kept at:
72	66		_____________________________________________________
73	67		_____________________________________________________
74	68		_____________________________________________________
75	69		The following individuals or institutions have signed
76	70		copies:
77	71		Name:________________________________________________
78	72		Address:_____________________________________________
79	73		_____________________________________________________
80	74		Name:________________________________________________
81	75		Address:_____________________________________________
82	76		_____________________________________________________
83	77		DURATION.
84	78		I understand that this power of attorney exists indefinitely
85	79		from the date I execute this document unless I establish a shorter
86	80		time or revoke the power of attorney. If I am unable to make health
87	81		care decisions for myself when this power of attorney expires, the
88	82		authority I have granted my agent continues to exist until the time
89	83		I become able to make health care decisions for myself.
90	84		(IF APPLICABLE) This power of attorney ends on the following
91	85		date: __________
92	86		PRIOR DESIGNATIONS REVOKED.
93	87		I revoke any prior medical power of attorney.
94	88		[ACKNOWLEDGMENT OF] DISCLOSURE STATEMENT.
95	89		THIS MEDICAL POWER OF ATTORNEY IS AN IMPORTANT LEGAL
96	90		DOCUMENT. BEFORE SIGNING THIS DOCUMENT, YOU SHOULD KNOW THESE
97	91		IMPORTANT FACTS:
98	92		Except to the extent you state otherwise, this document gives
99	93		the person you name as your agent the authority to make any and all
100	94		health care decisions for you in accordance with your wishes,
101	95		including your religious and moral beliefs, when you are unable to
102	96		make the decisions for yourself. Because "health care" means any
103	97		treatment, service, or procedure to maintain, diagnose, or treat
104	98		your physical or mental condition, your agent has the power to make
105	99		a broad range of health care decisions for you. Your agent may
106	100		consent, refuse to consent, or withdraw consent to medical
107	101		treatment and may make decisions about withdrawing or withholding
108	102		life-sustaining treatment. Your agent may not consent to voluntary
109	103		inpatient mental health services, convulsive treatment,
110	104		psychosurgery, or abortion. A physician must comply with your
111	105		agent's instructions or allow you to be transferred to another
112	106		physician.
113	107		Your agent's authority is effective when your doctor
114	108		certifies that you lack the competence to make health care
115	109		decisions.
116	110		Your agent is obligated to follow your instructions when
117	111		making decisions on your behalf. Unless you state otherwise, your
118	112		agent has the same authority to make decisions about your health
119	113		care as you would have if you were able to make health care
120	114		decisions for yourself.
121	115		It is important that you discuss this document with your
122	116		physician or other health care provider before you sign the
123	117		document to ensure that you understand the nature and range of
124	118		decisions that may be made on your behalf. If you do not have a
125	119		physician, you should talk with someone else who is knowledgeable
126	120		about these issues and can answer your questions. You do not need a
127	121		lawyer's assistance to complete this document, but if there is
128	122		anything in this document that you do not understand, you should ask
129	123		a lawyer to explain it to you.
130	124		The person you appoint as agent should be someone you know and
131	125		trust. The person must be 18 years of age or older or a person under
132	126		18 years of age who has had the disabilities of minority removed.
133	127		If you appoint your health or residential care provider (e.g., your
134	128		physician or an employee of a home health agency, hospital, nursing
135	129		facility, or residential care facility, other than a relative),
136	130		that person has to choose between acting as your agent or as your
137	131		health or residential care provider; the law does not allow a person
138	132		to serve as both at the same time.
139	133		You should inform the person you appoint that you want the
140	134		person to be your health care agent. You should discuss this
141	135		document with your agent and your physician and give each a signed
142	136		copy. You should indicate on the document itself the people and
143	137		institutions that you intend to have signed copies. Your agent is
144	138		not liable for health care decisions made in good faith on your
145	139		behalf.
146	140		Once you have signed this document, you have the right to make
147	141		health care decisions for yourself as long as you are able to make
148	142		those decisions, and treatment cannot be given to you or stopped
149	143		over your objection. You have the right to revoke the authority
150	144		granted to your agent by informing your agent or your health or
151	145		residential care provider orally or in writing or by your execution
152	146		of a subsequent medical power of attorney. Unless you state
153	147		otherwise in this document, your appointment of a spouse is revoked
154	148		if your marriage is dissolved, annulled, or declared void.
155	149		This document may not be changed or modified. If you want to
156	150		make changes in this document, you must execute a new medical power
157	151		of attorney.
158	152		You may wish to designate an alternate agent in the event that
159	153		your agent is unwilling, unable, or ineligible to act as your agent.
160	154		If you designate an alternate agent, the alternate agent has the
161	155		same authority as the agent to make health care decisions for you.
162	156		THIS POWER OF ATTORNEY IS NOT VALID UNLESS:
163	157		(1) YOU SIGN IT AND HAVE YOUR SIGNATURE ACKNOWLEDGED
164	158		BEFORE A NOTARY PUBLIC; OR
165	159		(2) YOU SIGN IT IN THE PRESENCE OF TWO COMPETENT ADULT
166	160		WITNESSES.
167	161		THE FOLLOWING PERSONS MAY NOT ACT AS ONE OF THE WITNESSES:
168	162		(1) the person you have designated as your agent;
169	163		(2) a person related to you by blood or marriage;
170	164		(3) a person entitled to any part of your estate after
171	165		your death under a will or codicil executed by you or by operation
172	166		of law;
173	167		(4) your attending physician;
174	168		(5) an employee of your attending physician;
175	169		(6) an employee of a health care facility in which you
176	170		are a patient if the employee is providing direct patient care to
177	171		you or is an officer, director, partner, or business office
178	172		employee of the health care facility or of any parent organization
179	173		of the health care facility; or
180	174		(7) a person who, at the time this medical power of
181	175		attorney is executed, has a claim against any part of your estate
182	176		after your death.
183	177		By signing below, I acknowledge that [I have been provided
184	178		with a disclosure statement explaining the effect of this
185	179		document.] I have read and understand the [that] information
186	180		contained in the above disclosure statement.
187	181		(YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY. YOU MAY SIGN
188	182		IT AND HAVE YOUR SIGNATURE ACKNOWLEDGED BEFORE A NOTARY PUBLIC OR
189	183		YOU MAY SIGN IT IN THE PRESENCE OF TWO COMPETENT ADULT WITNESSES.)
190	184		SIGNATURE ACKNOWLEDGED BEFORE NOTARY
191	185		I sign my name to this medical power of attorney on __________
192	186		day of __________ (month, year) at
193	187		_____________________________________________
194	188		(City and State)
195	189		_____________________________________________
196	190		(Signature)
197	191		_____________________________________________
198	192		(Print Name)
199	193		State of Texas
200	194		County of ________
201	195		This instrument was acknowledged before me on __________ (date) by
202	196		________________ (name of person acknowledging).
203	197		_____________________________
204	198		NOTARY PUBLIC, State of Texas
205	199		Notary's printed name:
206	200		_____________________________
207	201		My commission expires:
208	202		_____________________________
209	203		OR
210	204		SIGNATURE IN PRESENCE OF TWO COMPETENT ADULT WITNESSES
211	205		I sign my name to this medical power of attorney on __________
212	206		day of __________ (month, year) at
213	207		_____________________________________________
214	208		(City and State)
215	209		_____________________________________________
216	210		(Signature)
217	211		_____________________________________________
218	212		(Print Name)
219	213		STATEMENT OF FIRST WITNESS.
220	214		I am not the person appointed as agent by this document. I am
221	215		not related to the principal by blood or marriage. I would not be
222	216		entitled to any portion of the principal's estate on the principal's
223	217		death. I am not the attending physician of the principal or an
224	218		employee of the attending physician. I have no claim against any
225	219		portion of the principal's estate on the principal's
226	220		death. Furthermore, if I am an employee of a health care facility
227	221		in which the principal is a patient, I am not involved in providing
228	222		direct patient care to the principal and am not an officer,
229	223		director, partner, or business office employee of the health care
230	224		facility or of any parent organization of the health care facility.
231	225		Signature:________________________________________________
232	226		Print Name:___________________________________ Date:______
233	227		Address:__________________________________________________
234	228		SIGNATURE OF SECOND WITNESS.
235	229		Signature:________________________________________________
236	230		Print Name:___________________________________ Date:______
237	231		Address:__________________________________________________
238	232		SECTION 4. Sections 166.162 and 166.163, Health and Safety
239	233		Code, are repealed.
240	234		SECTION 5. Not later than December 1, 2017, the executive
241	235		commissioner of the Health and Human Services Commission shall
242	236		adopt all rules necessary to implement this Act, including the form
243	237		necessary to comply with the changes in law made by this Act to
244	238		Section 166.164, Health and Safety Code.
245	239		SECTION 6. The change in law made by this Act to Section
246	240		166.164, Health and Safety Code, does not affect the validity of a
247	241		document executed under that section before January 1, 2018. A
248	242		document executed before the effective date of this section is
249	243		governed by the law in effect immediately before the effective date
250	244		of this Act, and the former law continues in effect for that
251	245		purpose.
252	246		SECTION 7. (a) Except as provided by Subsection (b) of this
253	247		section, this Act takes effect September 1, 2017.
254	248		(b) Sections 1, 2, 3, 4, and 6 of this Act take effect
255	249		January 1, 2018.
256		-	* * * * *
	250	+	______________________________ ______________________________
	251	+	President of the Senate Speaker of the House
	252	+	I certify that H.B. No. 995 was passed by the House on May 9,
	253	+	2017, by the following vote: Yeas 145, Nays 0, 2 present, not
	254	+	voting.
	255	+	______________________________
	256	+	Chief Clerk of the House
	257	+	I certify that H.B. No. 995 was passed by the Senate on May
	258	+	24, 2017, by the following vote: Yeas 30, Nays 1.
	259	+	______________________________
	260	+	Secretary of the Senate
	261	+	APPROVED: _____________________
	262	+	Date
	263	+	_____________________
	264	+	Governor