Texas 2019 - 86th Regular

Texas Senate Bill SB310 Compare Versions

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

Old	New	Differences
1	1	86R3239 JG-F
2	2	By: Rodríguez S.B. No. 310
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority granted under and form of a medical power
8	8	of attorney.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter D, Chapter 166, Health and Safety
11	11	Code, is amended by adding Section 166.1525 to read as follows:
12	12	Sec. 166.1525. DESIGNATION OF JOINT AGENCY. (a) A medical
13	13	power of attorney may designate two or more agents to act as joint
14	14	agents and may provide the method of joint agency.
15	15	(b) If a medical power of attorney designates two or more
16	16	agents to act as joint agents but does not provide a method of joint
17	17	agency, an agent is authorized to act independently as the sole
18	18	agent in the priority order in which the medical power of attorney
19	19	lists the agents.
20	20	(c) If a medical power of attorney designates two or more
21	21	agents to act as joint agents and provides a method of joint agency
22	22	and the agents are unable to agree on a health care decision, an
23	23	agent may act independently as the sole agent in the priority order
24	24	in which the medical power of attorney lists the agents. This
25	25	subsection does not affect the authority of the agents to act as
26	26	joint agents in accordance with the power of attorney for a health
27	27	care decision on which all agents agree.
28	28	SECTION 2. Section 166.160(d), Health and Safety Code, is
29	29	amended to read as follows:
30	30	(d) An attending physician, health or residential care
31	31	provider, or person acting as an agent for or under the physician's
32	32	or provider's control has not engaged in unprofessional conduct
33	33	for:
34	34	(1) failure to act as required by the directive of an
35	35	agent or a medical power of attorney if the physician, provider, or
36	36	person was not provided with a copy of the medical power of attorney
37	37	or had no knowledge of a directive; [or]
38	38	(2) acting as required by an agent's directive if the
39	39	medical power of attorney has expired or been revoked but the
40	40	physician, provider, or person does not have knowledge of the
41	41	expiration or revocation; or
42	42	(3) acting as required by an agent's directive if the
43	43	medical power of attorney was not validly executed, provided the
44	44	physician, provider, or person does not have actual knowledge of
45	45	the medical power of attorney's invalid execution.
46	46	SECTION 3. Subchapter D, Chapter 166, Health and Safety
47	47	Code, is amended by adding Section 166.163 to read as follows:
48	48	Sec. 166.163. PERMISSIBLE FORMS OF MEDICAL POWER OF
49	49	ATTORNEY. A medical power of attorney may be in a form:
50	50	(1) described by Section 166.164;
51	51	(2) authorized under Section 166.005; or
52	52	(3) that:
53	53	(A) meets the requirements of this subchapter,
54	54	including execution in accordance with Section 166.154;
55	55	(B) is in writing; and
56	56	(C) contains:
57	57	(i) the principal's name;
58	58	(ii) the designation of an agent; and
59	59	(iii) the date the medical power of
60	60	attorney is executed.
61	61	SECTION 4. Section 166.164, Health and Safety Code, is
62	62	amended to read as follows:
63	63	Sec. 166.164. FORM OF MEDICAL POWER OF ATTORNEY. A [The]
64	64	medical power of attorney may [must] be in [substantially] the
65	65	following form:
66	66	MEDICAL POWER OF ATTORNEY DESIGNATION OF HEALTH CARE AGENT.
67	67	I, __________ (insert your name) appoint:
68	68	Name:___________________________________________________________
69	69	Address:________________________________________________________
70	70	Phone:__________________________________________________________
71	71	as my agent to make any and all health care decisions for me,
72	72	except to the extent I state otherwise in this document. This
73	73	medical power of attorney takes effect if I become unable to make my
74	74	own health care decisions and this fact is certified in writing by
75	75	my physician.
76	76	LIMITATIONS ON THE DECISION-MAKING AUTHORITY OF MY AGENT ARE
77	77	AS FOLLOWS: _____________________________________________________
78	78	________________________________________________________________
79	79	DESIGNATION OF ALTERNATE AGENT.
80	80	(You are not required to designate an alternate agent but you
81	81	may do so. An alternate agent may make the same health care
82	82	decisions as the designated agent if the designated agent is unable
83	83	or unwilling to act as your agent. If the agent designated is your
84	84	spouse, the designation is automatically revoked by law if your
85	85	marriage is dissolved, annulled, or declared void unless this
86	86	document provides otherwise.)
87	87	If the person designated as my agent is unable or unwilling to
88	88	make health care decisions for me, I designate the following
89	89	persons to serve as my agent to make health care decisions for me as
90	90	authorized by this document, who serve in the following order:
91	91	A. First Alternate Agent
92	92	Name:________________________________________________
93	93	Address:_____________________________________________
94	94	Phone: _________________________________________
95	95	B. Second Alternate Agent
96	96	Name:________________________________________________
97	97	Address:_____________________________________________
98	98	Phone: _________________________________________
99	99	The original of this document is kept at:
100	100	_____________________________________________________
101	101	_____________________________________________________
102	102	_____________________________________________________
103	103	The following individuals or institutions have signed
104	104	copies:
105	105	Name:________________________________________________
106	106	Address:_____________________________________________
107	107	_____________________________________________________
108	108	Name:________________________________________________
109	109	Address:_____________________________________________
110	110	_____________________________________________________
111	111	DURATION.
112	112	I understand that this power of attorney exists indefinitely
113	113	from the date I execute this document unless I establish a shorter
114	114	time or revoke the power of attorney. If I am unable to make health
115	115	care decisions for myself when this power of attorney expires, the
116	116	authority I have granted my agent continues to exist until the time
117	117	I become able to make health care decisions for myself.
118	118	(IF APPLICABLE) This power of attorney ends on the following
119	119	date: __________
120	120	PRIOR DESIGNATIONS REVOKED.
121	121	I revoke any prior medical power of attorney.
122	122	DISCLOSURE STATEMENT.
123	123	THIS MEDICAL POWER OF ATTORNEY IS AN IMPORTANT LEGAL
124	124	DOCUMENT. BEFORE SIGNING THIS DOCUMENT, YOU SHOULD KNOW THESE
125	125	IMPORTANT FACTS:
126	126	Except to the extent you state otherwise, this document gives
127	127	the person you name as your agent the authority to make any and all
128	128	health care decisions for you in accordance with your wishes,
129	129	including your religious and moral beliefs, when you are unable to
130	130	make the decisions for yourself. Because "health care" means any
131	131	treatment, service, or procedure to maintain, diagnose, or treat
132	132	your physical or mental condition, your agent has the power to make
133	133	a broad range of health care decisions for you. Your agent may
134	134	consent, refuse to consent, or withdraw consent to medical
135	135	treatment and may make decisions about withdrawing or withholding
136	136	life-sustaining treatment. Your agent may not consent to voluntary
137	137	inpatient mental health services, convulsive treatment,
138	138	psychosurgery, or abortion. A physician must comply with your
139	139	agent's instructions or allow you to be transferred to another
140	140	physician.
141	141	Your agent's authority is effective when your doctor
142	142	certifies that you lack the competence to make health care
143	143	decisions.
144	144	Your agent is obligated to follow your instructions when
145	145	making decisions on your behalf. Unless you state otherwise, your
146	146	agent has the same authority to make decisions about your health
147	147	care as you would have if you were able to make health care
148	148	decisions for yourself.
149	149	It is important that you discuss this document with your
150	150	physician or other health care provider before you sign the
151	151	document to ensure that you understand the nature and range of
152	152	decisions that may be made on your behalf. If you do not have a
153	153	physician, you should talk with someone else who is knowledgeable
154	154	about these issues and can answer your questions. You do not need a
155	155	lawyer's assistance to complete this document, but if there is
156	156	anything in this document that you do not understand, you should ask
157	157	a lawyer to explain it to you.
158	158	The person you appoint as agent should be someone you know and
159	159	trust. The person must be 18 years of age or older or a person under
160	160	18 years of age who has had the disabilities of minority removed.
161	161	If you appoint your health or residential care provider (e.g., your
162	162	physician or an employee of a home health agency, hospital, nursing
163	163	facility, or residential care facility, other than a relative),
164	164	that person has to choose between acting as your agent or as your
165	165	health or residential care provider; the law does not allow a person
166	166	to serve as both at the same time.
167	167	You should inform the person you appoint that you want the
168	168	person to be your health care agent. You should discuss this
169	169	document with your agent and your physician and give each a signed
170	170	copy. You should indicate on the document itself the people and
171	171	institutions that you intend to have signed copies. Your agent is
172	172	not liable for health care decisions made in good faith on your
173	173	behalf.
174	174	Once you have signed this document, you have the right to make
175	175	health care decisions for yourself as long as you are able to make
176	176	those decisions, and treatment cannot be given to you or stopped
177	177	over your objection. You have the right to revoke the authority
178	178	granted to your agent by informing your agent or your health or
179	179	residential care provider orally or in writing or by your execution
180	180	of a subsequent medical power of attorney. Unless you state
181	181	otherwise in this document, your appointment of a spouse is revoked
182	182	if your marriage is dissolved, annulled, or declared void.
183	183	This document may not be changed or modified. If you want to
184	184	make changes in this document, you must execute a new medical power
185	185	of attorney.
186	186	You may wish to designate an alternate agent in the event that
187	187	your agent is unwilling, unable, or ineligible to act as your agent.
188	188	If you designate an alternate agent, the alternate agent has the
189	189	same authority as the agent to make health care decisions for you.
190	190	You may wish to designate two or more agents to act as joint
191	191	agents and may provide the method of joint agency. If you do not
192	192	provide a method of joint agency, an agent is authorized to act
193	193	independently as the sole agent in the priority order in which you
194	194	list the agents, and third parties may rely on the decisions of the
195	195	agent.
196	196	THIS POWER OF ATTORNEY IS NOT VALID UNLESS:
197	197	(1) YOU SIGN IT AND HAVE YOUR SIGNATURE ACKNOWLEDGED
198	198	BEFORE A NOTARY PUBLIC; OR
199	199	(2) YOU SIGN IT IN THE PRESENCE OF TWO COMPETENT ADULT
200	200	WITNESSES.
201	201	THE FOLLOWING PERSONS MAY NOT ACT AS ONE OF THE WITNESSES:
202	202	(1) the person you have designated as your agent;
203	203	(2) a person related to you by blood or marriage;
204	204	(3) a person entitled to any part of your estate after
205	205	your death under a will or codicil executed by you or by operation
206	206	of law;
207	207	(4) your attending physician;
208	208	(5) an employee of your attending physician;
209	209	(6) an employee of a health care facility in which you
210	210	are a patient if the employee is providing direct patient care to
211	211	you or is an officer, director, partner, or business office
212	212	employee of the health care facility or of any parent organization
213	213	of the health care facility; or
214	214	(7) a person who, at the time this medical power of
215	215	attorney is executed, has a claim against any part of your estate
216	216	after your death.
217	217	By signing below, I acknowledge that I have read and
218	218	understand the information contained in the above disclosure
219	219	statement.
220	220	(YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY. YOU MAY SIGN
221	221	IT AND HAVE YOUR SIGNATURE ACKNOWLEDGED BEFORE A NOTARY PUBLIC OR
222	222	YOU MAY SIGN IT IN THE PRESENCE OF TWO COMPETENT ADULT WITNESSES.)
223	223	SIGNATURE ACKNOWLEDGED BEFORE NOTARY
224	224	I sign my name to this medical power of attorney on __________
225	225	day of __________ (month, year) at
226	226	_____________________________________________
227	227	(City and State)
228	228	_____________________________________________
229	229	(Signature)
230	230	_____________________________________________
231	231	(Print Name)
232	232	State of Texas
233	233	County of ________
234	234	This instrument was acknowledged before me on __________ (date) by
235	235	________________ (name of person acknowledging).
236	236	_____________________________
237	237	NOTARY PUBLIC, State of Texas
238	238	Notary's printed name:
239	239	_____________________________
240	240	My commission expires:
241	241	_____________________________
242	242	OR
243	243	SIGNATURE IN PRESENCE OF TWO COMPETENT ADULT WITNESSES
244	244	I sign my name to this medical power of attorney on __________
245	245	day of __________ (month, year) at
246	246	_____________________________________________
247	247	(City and State)
248	248	_____________________________________________
249	249	(Signature)
250	250	_____________________________________________
251	251	(Print Name)
252	252	STATEMENT OF FIRST WITNESS.
253	253	I am not the person appointed as agent by this document. I am
254	254	not related to the principal by blood or marriage. I would not be
255	255	entitled to any portion of the principal's estate on the principal's
256	256	death. I am not the attending physician of the principal or an
257	257	employee of the attending physician. I have no claim against any
258	258	portion of the principal's estate on the principal's
259	259	death. Furthermore, if I am an employee of a health care facility
260	260	in which the principal is a patient, I am not involved in providing
261	261	direct patient care to the principal and am not an officer,
262	262	director, partner, or business office employee of the health care
263	263	facility or of any parent organization of the health care facility.
264	264	Signature:________________________________________________
265	265	Print Name:___________________________________ Date: ______
266	266	Address:__________________________________________________
267	267	SIGNATURE OF SECOND WITNESS.
268	268	Signature:________________________________________________
269	269	Print Name:___________________________________ Date: ______
270	270	Address:__________________________________________________
271	271	SECTION 5. Not later than December 1, 2019, the executive
272	272	commissioner of the Health and Human Services Commission shall
273	273	adopt the rules necessary to implement the changes in law made by
274	274	this Act.
275	275	SECTION 6. The changes in law made by this Act apply only to
276	276	a medical power of attorney executed on or after the effective date
277	277	of this Act. A medical power of attorney executed before the
278	278	effective date of this Act is governed by the law in effect
279	279	immediately before the effective date of this Act, and the former
280	280	law is continued in effect for that purpose.
281	281	SECTION 7. This Act takes effect September 1, 2019.