Texas 2017 - 85th Regular

Texas Senate Bill SB512 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R2244 SCL-F
2	2	By: Rodríguez S.B. No. 512
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the form and revocation of medical powers of attorney.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Section 166.155, Health and
10	10	Safety Code, is amended to read as follows:
11	11	Sec. 166.155. REVOCATION; EFFECT OF TERMINATION OF
12	12	MARRIAGE.
13	13	SECTION 2. Section 166.155, Health and Safety Code, is
14	14	amended by amending Subsection (a) and adding Subsection (a-1) to
15	15	read as follows:
16	16	(a) A medical power of attorney is revoked by:
17	17	(1) oral or written notification at any time by the
18	18	principal to the agent or a licensed or certified health or
19	19	residential care provider or by any other act evidencing a specific
20	20	intent to revoke the power, without regard to whether the principal
21	21	is competent or the principal's mental state; or
22	22	(2) execution by the principal of a subsequent medical
23	23	power of attorney. [; or]
24	24	(a-1) An agent's authority under a medical power of attorney
25	25	is revoked if the agent's marriage to [(3) the divorce of] the
26	26	principal is dissolved, annulled, or declared void [and spouse, if
27	27	the spouse is the principal's agent,] unless the medical power of
28	28	attorney provides otherwise.
29	29	SECTION 3. Section 166.164, Health and Safety Code, is
30	30	amended to read as follows:
31	31	Sec. 166.164. FORM OF MEDICAL POWER OF ATTORNEY. The
32	32	medical power of attorney may [must] be in [substantially] the
33	33	following form:
34	34	MEDICAL POWER OF ATTORNEY DESIGNATION OF HEALTH CARE AGENT.
35	35	I, __________ (insert your name) appoint:
36	36	Name:___________________________________________________________
37	37	Address:________________________________________________________
38	38	Phone___________________________________________________________
39	39	as my agent to make any and all health care decisions for me,
40	40	except to the extent I state otherwise in this document. This
41	41	medical power of attorney takes effect if I become unable to make my
42	42	own health care decisions and this fact is certified in writing by
43	43	my physician.
44	44	LIMITATIONS ON THE DECISION-MAKING AUTHORITY OF MY AGENT ARE
45	45	AS FOLLOWS:_____________________________________________________
46	46	________________________________________________________________
47	47	DESIGNATION OF ALTERNATE AGENT.
48	48	(You are not required to designate an alternate agent but you
49	49	may do so. An alternate agent may make the same health care
50	50	decisions as the designated agent if the designated agent is unable
51	51	or unwilling to act as your agent. If the agent designated is your
52	52	spouse, the designation is automatically revoked by law if your
53	53	marriage is dissolved, annulled, or declared void unless this
54	54	document provides otherwise.)
55	55	If the person designated as my agent is unable or unwilling to
56	56	make health care decisions for me, I designate the following
57	57	persons to serve as my agent to make health care decisions for me as
58	58	authorized by this document, who serve in the following order:
59	59	A. First Alternate Agent
60	60	Name:________________________________________________
61	61	Address:_____________________________________________
62	62	Phone __________________________________________
63	63	B. Second Alternate Agent
64	64	Name:________________________________________________
65	65	Address:_____________________________________________
66	66	Phone __________________________________________
67	67	The original of this document is kept at:
68	68	_____________________________________________________
69	69	_____________________________________________________
70	70	_____________________________________________________
71	71	The following individuals or institutions have signed
72	72	copies:
73	73	Name:________________________________________________
74	74	Address:_____________________________________________
75	75	_____________________________________________________
76	76	Name:________________________________________________
77	77	Address:_____________________________________________
78	78	_____________________________________________________
79	79	DURATION.
80	80	I understand that this power of attorney exists indefinitely
81	81	from the date I execute this document unless I establish a shorter
82	82	time or revoke the power of attorney. If I am unable to make health
83	83	care decisions for myself when this power of attorney expires, the
84	84	authority I have granted my agent continues to exist until the time
85	85	I become able to make health care decisions for myself.
86	86	(IF APPLICABLE) This power of attorney ends on the following
87	87	date: __________
88	88	PRIOR DESIGNATIONS REVOKED.
89	89	I revoke any prior medical power of attorney.
90	90	[ACKNOWLEDGMENT OF] DISCLOSURE STATEMENT.
91	91	THIS MEDICAL POWER OF ATTORNEY IS AN IMPORTANT LEGAL
92	92	DOCUMENT. BEFORE SIGNING THIS DOCUMENT, YOU SHOULD KNOW THESE
93	93	IMPORTANT FACTS:
94	94	Except to the extent you state otherwise, this document gives
95	95	the person you name as your agent the authority to make any and all
96	96	health care decisions for you in accordance with your wishes,
97	97	including your religious and moral beliefs, when you are unable to
98	98	make the decisions for yourself. Because "health care" means any
99	99	treatment, service, or procedure to maintain, diagnose, or treat
100	100	your physical or mental condition, your agent has the power to make
101	101	a broad range of health care decisions for you. Your agent may
102	102	consent, refuse to consent, or withdraw consent to medical
103	103	treatment and may make decisions about withdrawing or withholding
104	104	life-sustaining treatment. Your agent may not consent to voluntary
105	105	inpatient mental health services, convulsive treatment,
106	106	psychosurgery, or abortion. A physician must comply with your
107	107	agent's instructions or allow you to be transferred to another
108	108	physician.
109	109	Your agent's authority is effective when your doctor
110	110	certifies that you lack the competence to make health care
111	111	decisions.
112	112	Your agent is obligated to follow your instructions when
113	113	making decisions on your behalf. Unless you state otherwise, your
114	114	agent has the same authority to make decisions about your health
115	115	care as you would have if you were able to make health care
116	116	decisions for yourself.
117	117	It is important that you discuss this document with your
118	118	physician or other health care provider before you sign the
119	119	document to ensure that you understand the nature and range of
120	120	decisions that may be made on your behalf. If you do not have a
121	121	physician, you should talk with someone else who is knowledgeable
122	122	about these issues and can answer your questions. You do not need a
123	123	lawyer's assistance to complete this document, but if there is
124	124	anything in this document that you do not understand, you should ask
125	125	a lawyer to explain it to you.
126	126	The person you appoint as agent should be someone you know and
127	127	trust. The person must be 18 years of age or older or a person under
128	128	18 years of age who has had the disabilities of minority removed.
129	129	If you appoint your health or residential care provider (e.g., your
130	130	physician or an employee of a home health agency, hospital, nursing
131	131	facility, or residential care facility, other than a relative),
132	132	that person has to choose between acting as your agent or as your
133	133	health or residential care provider; the law does not allow a person
134	134	to serve as both at the same time.
135	135	You should inform the person you appoint that you want the
136	136	person to be your health care agent. You should discuss this
137	137	document with your agent and your physician and give each a signed
138	138	copy. You should indicate on the document itself the people and
139	139	institutions that you intend to have signed copies. Your agent is
140	140	not liable for health care decisions made in good faith on your
141	141	behalf.
142	142	Once you have signed this document, you have the right to make
143	143	health care decisions for yourself as long as you are competent, and
144	144	treatment cannot be given to you or stopped over your objection.
145	145	You have the right to revoke the authority granted to your agent by
146	146	informing your agent or your health or residential care provider
147	147	orally or in writing or by your execution of a subsequent medical
148	148	power of attorney. Unless you state otherwise in this document,
149	149	your appointment of a spouse is revoked if your marriage is
150	150	dissolved, annulled, or declared void.
151	151	This document may not be changed or modified. If you want to
152	152	make changes in this document, you must execute a new medical power
153	153	of attorney.
154	154	You may wish to designate an alternate agent in the event that
155	155	your agent is unwilling, unable, or ineligible to act as your agent.
156	156	Any alternate agent you designate has the same authority as the
157	157	agent to make health care decisions for you.
158	158	THIS POWER OF ATTORNEY IS NOT VALID UNLESS:
159	159	(1) YOU SIGN IT AND HAVE YOUR SIGNATURE ACKNOWLEDGED
160	160	BEFORE A NOTARY PUBLIC; OR
161	161	(2) YOU SIGN IT IN THE PRESENCE OF TWO COMPETENT ADULT
162	162	WITNESSES.
163	163	THE FOLLOWING PERSONS MAY NOT ACT AS ONE OF THE WITNESSES:
164	164	(1) the person you have designated as your agent;
165	165	(2) a person related to you by blood or marriage;
166	166	(3) a person entitled to any part of your estate after
167	167	your death under a will or codicil executed by you or by operation
168	168	of law;
169	169	(4) your attending physician;
170	170	(5) an employee of your attending physician;
171	171	(6) an employee of a health care facility in which you
172	172	are a patient if the employee is providing direct patient care to
173	173	you or is an officer, director, partner, or business office
174	174	employee of the health care facility or of any parent organization
175	175	of the health care facility; or
176	176	(7) a person who, at the time this medical power of
177	177	attorney is executed, has a claim against any part of your estate
178	178	after your death.
179	179	By signing below, I acknowledge that [I have been provided
180	180	with a disclosure statement explaining the effect of this
181	181	document.] I have read and understand the [that] information
182	182	contained in the above disclosure statement.
183	183	(YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY. YOU MAY SIGN
184	184	IT AND HAVE YOUR SIGNATURE ACKNOWLEDGED BEFORE A NOTARY PUBLIC OR
185	185	YOU MAY SIGN IT IN THE PRESENCE OF TWO COMPETENT ADULT WITNESSES.)
186	186	SIGNATURE ACKNOWLEDGED BEFORE NOTARY
187	187	I sign my name to this medical power of attorney on __________
188	188	day of __________ (month, year) at
189	189	_____________________________________________
190	190	(City and State)
191	191	_____________________________________________
192	192	(Signature)
193	193	_____________________________________________
194	194	(Print Name)
195	195	State of Texas
196	196	County of ________
197	197	This instrument was acknowledged before me on __________ (date) by
198	198	________________ (name of person acknowledging).
199	199	_____________________________
200	200	NOTARY PUBLIC, State of Texas
201	201	Notary's printed name:
202	202	_____________________________
203	203	My commission expires:
204	204	_____________________________
205	205	OR
206	206	SIGNATURE IN PRESENCE OF TWO COMPETENT ADULT WITNESSES
207	207	I sign my name to this medical power of attorney on __________
208	208	day of __________ (month, year) at
209	209	_____________________________________________
210	210	(City and State)
211	211	_____________________________________________
212	212	(Signature)
213	213	_____________________________________________
214	214	(Print Name)
215	215	STATEMENT OF FIRST WITNESS.
216	216	I am not the person appointed as agent by this document. I am
217	217	not related to the principal by blood or marriage. I would not be
218	218	entitled to any portion of the principal's estate on the principal's
219	219	death. I am not the attending physician of the principal or an
220	220	employee of the attending physician. I have no claim against any
221	221	portion of the principal's estate on the principal's
222	222	death. Furthermore, if I am an employee of a health care facility
223	223	in which the principal is a patient, I am not involved in providing
224	224	direct patient care to the principal and am not an officer,
225	225	director, partner, or business office employee of the health care
226	226	facility or of any parent organization of the health care facility.
227	227	Signature:________________________________________________
228	228	Print Name:___________________________________ Date:______
229	229	Address:__________________________________________________
230	230	SIGNATURE OF SECOND WITNESS.
231	231	Signature:________________________________________________
232	232	Print Name:___________________________________ Date:______
233	233	Address:__________________________________________________
234	234	SECTION 4. Sections 166.162 and 166.163, Health and Safety
235	235	Code, are repealed.
236	236	SECTION 5. Not later than March 1, 2018, the executive
237	237	commissioner of the Health and Human Services Commission shall
238	238	adopt all rules necessary to implement this Act.
239	239	SECTION 6. This Act takes effect September 1, 2017.