| 1 | 1 | | 86R4631 LED-D |
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| 2 | 2 | | By: Raymond H.B. No. 1082 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the form of certain advance directives. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 166.032(c), Health and Safety Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (c) A declarant may include in a directive directions other |
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| 12 | 12 | | than those provided in the form designated under Section 166.0325 |
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| 13 | 13 | | or prescribed by Section 166.033 and may designate in a directive a |
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| 14 | 14 | | person to make a health care or treatment decision for the declarant |
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| 15 | 15 | | in the event the declarant becomes incompetent or otherwise |
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| 16 | 16 | | mentally or physically incapable of communication. |
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| 17 | 17 | | SECTION 2. Subchapter B, Chapter 166, Health and Safety |
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| 18 | 18 | | Code, is amended by adding Section 166.0325 to read as follows: |
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| 19 | 19 | | Sec. 166.0325. PERMISSIBLE FORMS OF ADVANCE DIRECTIVE; |
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| 20 | 20 | | DESIGNATED ADVANCE DIRECTIVE. (a) A written directive may be in a |
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| 21 | 21 | | form: |
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| 22 | 22 | | (1) designated by the executive commissioner under |
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| 23 | 23 | | Subsection (b); or |
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| 24 | 24 | | (2) prescribed by Section 166.033. |
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| 25 | 25 | | (b) The executive commissioner by rule shall designate a |
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| 26 | 26 | | document to be recognized in this state as a written and validly |
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| 27 | 27 | | executed advance directive. The document must: |
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| 28 | 28 | | (1) be promulgated by a national nonprofit |
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| 29 | 29 | | organization; |
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| 30 | 30 | | (2) be written in plain language; |
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| 31 | 31 | | (3) allow a declarant to provide a health care |
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| 32 | 32 | | instruction; |
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| 33 | 33 | | (4) require a declarant to name an agent who is at |
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| 34 | 34 | | least 18 years of age to make health care decisions for the |
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| 35 | 35 | | declarant when the declarant lacks the capacity to make the |
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| 36 | 36 | | decisions; |
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| 37 | 37 | | (5) allow a declarant to name an alternate agent who is |
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| 38 | 38 | | at least 18 years of age to make health care decisions for the |
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| 39 | 39 | | declarant if the agent is unable or unwilling to make the decisions; |
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| 40 | 40 | | (6) allow the declarant to specify or limit the health |
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| 41 | 41 | | care decisions an agent may make for the declarant; |
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| 42 | 42 | | (7) allow the declarant to specify the health care |
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| 43 | 43 | | treatments the declarant approves or does not approve; |
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| 44 | 44 | | (8) allow the declarant to specify the personal, |
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| 45 | 45 | | spiritual, and emotional care the declarant approves or does not |
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| 46 | 46 | | approve; |
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| 47 | 47 | | (9) allow the declarant to detail information the |
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| 48 | 48 | | declarant wants conveyed to family members and friends, including |
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| 49 | 49 | | the declarant's wishes for a memorial service or burial; |
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| 50 | 50 | | (10) require the declarant to sign and date the |
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| 51 | 51 | | advance directive in the presence of two witnesses who qualify |
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| 52 | 52 | | under Section 166.003, at least one of whom qualifies under Section |
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| 53 | 53 | | 166.003(2); and |
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| 54 | 54 | | (11) be accepted as a validly executed advance |
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| 55 | 55 | | directive in at least 40 other states of the United States. |
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| 56 | 56 | | (c) The commission shall post on the commission's Internet |
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| 57 | 57 | | website a link to the document designated under Subsection (b). |
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| 58 | 58 | | SECTION 3. Section 166.036(a), Health and Safety Code, is |
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| 59 | 59 | | amended to read as follows: |
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| 60 | 60 | | (a) Except as provided by Section 166.032(b-1), a written |
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| 61 | 61 | | directive executed under Section 166.0325, 166.033, or 166.035 is |
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| 62 | 62 | | effective without regard to whether the document has been |
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| 63 | 63 | | notarized. |
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| 64 | 64 | | SECTION 4. Section 166.102(b), Health and Safety Code, is |
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| 65 | 65 | | amended to read as follows: |
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| 66 | 66 | | (b) When responding to a call for assistance, emergency |
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| 67 | 67 | | medical services personnel: |
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| 68 | 68 | | (1) shall honor only a properly executed or issued |
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| 69 | 69 | | out-of-hospital DNR order or prescribed DNR identification device |
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| 70 | 70 | | in accordance with this subchapter; and |
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| 71 | 71 | | (2) have no duty to review, examine, interpret, or |
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| 72 | 72 | | honor a person's other written directive, including a written |
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| 73 | 73 | | directive in the form designated under Section 166.0325 or |
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| 74 | 74 | | prescribed by Section 166.033. |
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| 75 | 75 | | SECTION 5. Subchapter D, Chapter 166, Health and Safety |
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| 76 | 76 | | Code, is amended by adding Section 166.163 to read as follows: |
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| 77 | 77 | | Sec. 166.163. PERMISSIBLE FORMS OF MEDICAL POWER OF |
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| 78 | 78 | | ATTORNEY. Notwithstanding Section 166.164, a medical power of |
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| 79 | 79 | | attorney may be: |
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| 80 | 80 | | (1) in a form prescribed by Section 166.164; or |
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| 81 | 81 | | (2) a document designated by the executive |
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| 82 | 82 | | commissioner under Section 166.0325, provided the document |
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| 83 | 83 | | designates an agent and is executed in the manner required by |
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| 84 | 84 | | Section 166.154. |
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| 85 | 85 | | SECTION 6. Not later than December 1, 2019, the executive |
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| 86 | 86 | | commissioner of the Health and Human Services Commission shall by |
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| 87 | 87 | | rule designate a document as required by Section 166.0325, Health |
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| 88 | 88 | | and Safety Code, as added by this Act. |
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| 89 | 89 | | SECTION 7. This Act takes effect September 1, 2019. |
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