Texas 2021 - 87th Regular

Texas House Bill HB936 Compare Versions

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

Old	New	Differences
1	1	87R576 SCL-D
2	2	By: Raymond H.B. No. 936
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain advance directives.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter A, Chapter 166, Health and Safety
10	10	Code, is amended by adding Sections 166.012 and 166.013 to read as
11	11	follows:
12	12	Sec. 166.012. PRESUMPTION OF VALIDITY; LIMITATION OF
13	13	LIABILITY. (a) In the absence of actual knowledge to the contrary,
14	14	a physician, health care provider or residential care provider as
15	15	those terms are defined by Section 166.151, or person acting as an
16	16	agent for or under the physician's or provider's control may presume
17	17	that an advance directive is valid under this chapter and has been
18	18	validly executed by a person authorized to execute the advance
19	19	directive.
20	20	(b) The physician, health care provider, residential care
21	21	provider, or other person described by Subsection (a) is not
22	22	civilly or criminally liable or subject to review or disciplinary
23	23	action by the appropriate licensing authority for following an
24	24	advance directive or instructions of an advance directive that the
25	25	physician, provider, or person presumes is valid under this
26	26	chapter.
27	27	Sec. 166.013. DESIGNATED WRITTEN DIRECTIVE OR MEDICAL POWER
28	28	OF ATTORNEY. (a) The executive commissioner shall review and
29	29	designate documents meeting the requirements of this section to be
30	30	recognized in this state as a valid form for a written directive or
31	31	medical power of attorney.
32	32	(b) A document designated under this section must:
33	33	(1) be promulgated by a state or national nonprofit
34	34	organization or association;
35	35	(2) be written in plain language;
36	36	(3) include a field for:
37	37	(A) a declarant's name; and
38	38	(B) the date the document is executed;
39	39	(4) for a document to be used as a written directive,
40	40	allow a declarant to provide health care instructions;
41	41	(5) for a document to be used to appoint an agent under
42	42	a medical power of attorney:
43	43	(A) allow a declarant to appoint an agent;
44	44	(B) allow a declarant to specify or limit the
45	45	health care decisions an agent may make for the declarant;
46	46	(C) meet the requirements of Subchapter D other
47	47	than Section 166.164, including execution in accordance with
48	48	Section 166.154; and
49	49	(D) prohibit the appointment of two or more
50	50	agents with concurrent authority to make a health care decision on
51	51	behalf of the same declarant; and
52	52	(6) require the declarant to:
53	53	(A) sign and date the document in the presence of
54	54	two witnesses who qualify under Section 166.003, at least one of
55	55	whom qualifies under Section 166.003(2); or
56	56	(B) sign the document and have the signature
57	57	acknowledged before a notary public.
58	58	(c) On designating a document in accordance with this
59	59	section, the executive commissioner shall:
60	60	(1) place in a conspicuous manner on the first page of
61	61	the document the commission's logo or similar acknowledgment
62	62	evidencing the document is designated as a valid form of a written
63	63	directive or medical power of attorney; and
64	64	(2) post on the commission's Internet website a link to
65	65	the document.
66	66	(d) The commission shall post on the commission's Internet
67	67	website instructions for a state or national nonprofit organization
68	68	or association to submit a document to be considered under this
69	69	section. The executive commissioner shall complete a review of the
70	70	document not later than six months after the date the document is
71	71	submitted.
72	72	SECTION 2. Section 166.031(1), Health and Safety Code, is
73	73	amended to read as follows:
74	74	(1) "Directive" means an instruction made under
75	75	Section 166.032, 166.034, or 166.035 to administer, withhold, or
76	76	withdraw life-sustaining treatment in the event of a terminal or
77	77	irreversible condition. The term includes an instruction made in a
78	78	document designated as a valid form of written directive under
79	79	Section 166.013 and executed as provided by this subchapter.
80	80	SECTION 3. Section 166.032(c), Health and Safety Code, is
81	81	amended to read as follows:
82	82	(c) A declarant may include in a directive directions other
83	83	than those provided in a document designated as a valid form of
84	84	written directive under Section 166.013 or the form prescribed by
85	85	Section 166.033 and may designate in a directive a person to make a
86	86	health care or treatment decision for the declarant in the event the
87	87	declarant becomes incompetent or otherwise mentally or physically
88	88	incapable of communication.
89	89	SECTION 4. Subchapter B, Chapter 166, Health and Safety
90	90	Code, is amended by adding Sections 166.0325 and 166.0335 to read as
91	91	follows:
92	92	Sec. 166.0325. PERMISSIBLE FORMS OF WRITTEN DIRECTIVE. A
93	93	written directive may be:
94	94	(1) in a document designated as a valid form of written
95	95	directive under Section 166.013;
96	96	(2) in a form that complies with Section 166.033; or
97	97	(3) in another form that satisfies the requirements of
98	98	this chapter.
99	99	Sec. 166.0335. DIRECTIONS RELATING TO CARE OTHER THAN
100	100	LIFE-SUSTAINING TREATMENT. (a) A declarant may include in a
101	101	written directive instructions regarding personal, spiritual, or
102	102	emotional care or additional care other than instructions to
103	103	administer, withhold, or withdraw life-sustaining treatment.
104	104	(b) The instructions of a written directive described by
105	105	Subsection (a) do not impose a duty, requirement, or obligation on a
106	106	physician, health care provider or residential care provider as
107	107	those terms are defined by Section 166.151, or person acting as an
108	108	agent for or under the physician's or provider's control to comply
109	109	with the instructions, but the physician, provider, or other person
110	110	may make reasonable accommodations for the instructions.
111	111	SECTION 5. Section 166.036(a), Health and Safety Code, is
112	112	amended to read as follows:
113	113	(a) Except as provided by Section 166.032(b-1) or
114	114	166.013(b)(6)(B), a written directive executed under Section
115	115	166.032 [166.033] or 166.035 is effective without regard to whether
116	116	the document has been notarized.
117	117	SECTION 6. Section 166.102(b), Health and Safety Code, is
118	118	amended to read as follows:
119	119	(b) When responding to a call for assistance, emergency
120	120	medical services personnel:
121	121	(1) shall honor only a properly executed or issued
122	122	out-of-hospital DNR order or prescribed DNR identification device
123	123	in accordance with this subchapter; and
124	124	(2) have no duty to review, examine, interpret, or
125	125	honor a person's other written directive, including a written
126	126	directive in a document designated under Section 166.013 or the
127	127	form prescribed by Section 166.033.
128	128	SECTION 7. Subchapter D, Chapter 166, Health and Safety
129	129	Code, is amended by adding Section 166.163 to read as follows:
130	130	Sec. 166.163. PERMISSIBLE FORMS OF MEDICAL POWER OF
131	131	ATTORNEY. Notwithstanding Section 166.164, a medical power of
132	132	attorney may only be in a form:
133	133	(1) designated by the executive commissioner as a
134	134	valid form for a medical power of attorney under Section 166.013; or
135	135	(2) substantially in compliance with the form
136	136	prescribed by Section 166.164.
137	137	SECTION 8. As soon as practicable after the effective date
138	138	of this Act, the executive commissioner of the Health and Human
139	139	Services Commission shall develop and post on the commission's
140	140	Internet website instructions for a state or national nonprofit
141	141	organization or association to submit to the commission a document
142	142	for consideration as a valid form for a written directive or medical
143	143	power of attorney under Section 166.013, Health and Safety Code, as
144	144	added by this Act.
145	145	SECTION 9. This Act takes effect September 1, 2021.