Texas 2021 - 87th Regular

Texas Senate Bill SB1934 Compare Versions

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

Old	New	Differences
1	1	87R5012 JG-F
2	2	By: Hughes S.B. No. 1934
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 CO-AGENTS. (a) In this
13	13	section, "co-agent" means an agent authorized under a medical power
14	14	of attorney to make a health care decision concurrently with one or
15	15	more other agents on behalf of the same principal. The term does
16	16	not include an alternate agent who exercises authority if the
17	17	designated agent is unwilling, unable, or ineligible to act.
18	18	(b) A medical power of attorney may designate two or more
19	19	agents to act as co-agents. The co-agents have authority to act
20	20	independently unless the medical power of attorney states
21	21	otherwise.
22	22	(c) A health or residential care provider, who has actual
23	23	knowledge of a disagreement between or who receives conflicting
24	24	directives from two or more co-agents authorized to act
25	25	independently under a medical power of attorney that does not
26	26	designate a co-agent to make decisions in the event of a
27	27	disagreement, may elect whether to follow the directive of any
28	28	co-agent. If the provider elects not to follow the directive of any
29	29	co-agent and the medical power of attorney designates one or more
30	30	alternate agents, the provider shall follow the directives of an
31	31	alternate agent in the priority order in which the medical power of
32	32	attorney lists the alternate agents.
33	33	(d) If two or more co-agents authorized to act jointly under
34	34	a medical power of attorney are in disagreement or if one or more
35	35	co-agents authorized to act jointly under a medical power of
36	36	attorney are not present to make a joint decision, a health or
37	37	residential care provider may elect whether to follow the directive
38	38	of any co-agent. A provider who elects not to follow the directive
39	39	of any co-agent for a medical power of attorney that designates one
40	40	or more alternate agents shall follow the directives of an
41	41	alternate agent in the priority order in which the medical power of
42	42	attorney lists the alternate agents.
43	43	(e) A health or residential care provider is not civilly or
44	44	criminally liable or subject to review or disciplinary action by
45	45	the appropriate licensing authority for following or electing not
46	46	to follow the directives of a co-agent in accordance with this
47	47	section.
48	48	SECTION 2. Section 166.160(d), Health and Safety Code, is
49	49	amended to read as follows:
50	50	(d) An attending physician, health or residential care
51	51	provider, or person acting as an agent for or under the physician's
52	52	or provider's control has not engaged in unprofessional conduct
53	53	for:
54	54	(1) failure to act as required by the directive of an
55	55	agent or a medical power of attorney if the physician, provider, or
56	56	person was not provided with a copy of the medical power of attorney
57	57	or had no knowledge of a directive; [or]
58	58	(2) acting as required by an agent's directive if the
59	59	medical power of attorney has expired or been revoked but the
60	60	physician, provider, or person does not have knowledge of the
61	61	expiration or revocation; or
62	62	(3) acting as required by an agent's directive if the
63	63	medical power of attorney was not validly executed, provided the
64	64	physician, provider, or person does not have actual knowledge of
65	65	the medical power of attorney's invalid execution.
66	66	SECTION 3. Subchapter D, Chapter 166, Health and Safety
67	67	Code, is amended by adding Section 166.163 to read as follows:
68	68	Sec. 166.163. PERMISSIBLE FORMS OF MEDICAL POWER OF
69	69	ATTORNEY. A medical power of attorney may be in a form:
70	70	(1) described by Section 166.164;
71	71	(2) authorized under Section 166.005; or
72	72	(3) that:
73	73	(A) meets the requirements of this subchapter,
74	74	including execution in accordance with Section 166.154;
75	75	(B) is in writing; and
76	76	(C) contains:
77	77	(i) the principal's name;
78	78	(ii) the designation of an agent; and
79	79	(iii) the date the medical power of
80	80	attorney is executed.
81	81	SECTION 4. Section 166.164, Health and Safety Code, is
82	82	amended to read as follows:
83	83	Sec. 166.164. FORM OF MEDICAL POWER OF ATTORNEY. A [The]
84	84	medical power of attorney may [must] be in [substantially] the
85	85	following form:
86	86	MEDICAL POWER OF ATTORNEY DESIGNATION OF HEALTH CARE AGENT.
87	87	I, __________ (insert your name) appoint:
88	88	Name:___________________________________________________________
89	89	Address:________________________________________________________
90	90	Phone:__________________________________________________________
91	91	as my agent to make any and all health care decisions for me,
92	92	except to the extent I state otherwise in this document. This
93	93	medical power of attorney takes effect if I become unable to make my
94	94	own health care decisions and this fact is certified in writing by
95	95	my physician.
96	96	LIMITATIONS ON THE DECISION-MAKING AUTHORITY OF MY AGENT ARE
97	97	AS FOLLOWS: _____________________________________________________
98	98	________________________________________________________________
99	99	DESIGNATION OF ALTERNATE AGENT.
100	100	(You are not required to designate an alternate agent but you
101	101	may do so. An alternate agent may make the same health care
102	102	decisions as the designated agent if the designated agent is unable
103	103	or unwilling to act as your agent. If the agent designated is your
104	104	spouse, the designation is automatically revoked by law if your
105	105	marriage is dissolved, annulled, or declared void unless this
106	106	document provides otherwise.)
107	107	If the person designated as my agent is unable or unwilling to
108	108	make health care decisions for me, I designate the following
109	109	persons to serve as my agent to make health care decisions for me as
110	110	authorized by this document, who serve in the following order:
111	111	A. First Alternate Agent
112	112	Name:________________________________________________
113	113	Address:_____________________________________________
114	114	Phone: _________________________________________
115	115	B. Second Alternate Agent
116	116	Name:________________________________________________
117	117	Address:_____________________________________________
118	118	Phone: _________________________________________
119	119	The original of this document is kept at:
120	120	_____________________________________________________
121	121	_____________________________________________________
122	122	_____________________________________________________
123	123	The following individuals or institutions have signed
124	124	copies:
125	125	Name:________________________________________________
126	126	Address:_____________________________________________
127	127	_____________________________________________________
128	128	Name:________________________________________________
129	129	Address:_____________________________________________
130	130	_____________________________________________________
131	131	DURATION.
132	132	I understand that this power of attorney exists indefinitely
133	133	from the date I execute this document unless I establish a shorter
134	134	time or revoke the power of attorney. If I am unable to make health
135	135	care decisions for myself when this power of attorney expires, the
136	136	authority I have granted my agent continues to exist until the time
137	137	I become able to make health care decisions for myself.
138	138	(IF APPLICABLE) This power of attorney ends on the following
139	139	date: __________
140	140	PRIOR DESIGNATIONS REVOKED.
141	141	I revoke any prior medical power of attorney.
142	142	DISCLOSURE STATEMENT.
143	143	THIS MEDICAL POWER OF ATTORNEY IS AN IMPORTANT LEGAL
144	144	DOCUMENT. BEFORE SIGNING THIS DOCUMENT, YOU SHOULD KNOW THESE
145	145	IMPORTANT FACTS:
146	146	Except to the extent you state otherwise, this document gives
147	147	the person you name as your agent the authority to make any and all
148	148	health care decisions for you in accordance with your wishes,
149	149	including your religious and moral beliefs, when you are unable to
150	150	make the decisions for yourself. Because "health care" means any
151	151	treatment, service, or procedure to maintain, diagnose, or treat
152	152	your physical or mental condition, your agent has the power to make
153	153	a broad range of health care decisions for you. Your agent may
154	154	consent, refuse to consent, or withdraw consent to medical
155	155	treatment and may make decisions about withdrawing or withholding
156	156	life-sustaining treatment. Your agent may not consent to voluntary
157	157	inpatient mental health services, convulsive treatment,
158	158	psychosurgery, or abortion. A physician must comply with your
159	159	agent's instructions or allow you to be transferred to another
160	160	physician.
161	161	Your agent's authority is effective when your doctor
162	162	certifies that you lack the competence to make health care
163	163	decisions.
164	164	Your agent is obligated to follow your instructions when
165	165	making decisions on your behalf. Unless you state otherwise, your
166	166	agent has the same authority to make decisions about your health
167	167	care as you would have if you were able to make health care
168	168	decisions for yourself.
169	169	It is important that you discuss this document with your
170	170	physician or other health care provider before you sign the
171	171	document to ensure that you understand the nature and range of
172	172	decisions that may be made on your behalf. If you do not have a
173	173	physician, you should talk with someone else who is knowledgeable
174	174	about these issues and can answer your questions. You do not need a
175	175	lawyer's assistance to complete this document, but if there is
176	176	anything in this document that you do not understand, you should ask
177	177	a lawyer to explain it to you.
178	178	The person you appoint as agent should be someone you know and
179	179	trust. The person must be 18 years of age or older or a person under
180	180	18 years of age who has had the disabilities of minority removed.
181	181	If you appoint your health or residential care provider (e.g., your
182	182	physician or an employee of a home health agency, hospital, nursing
183	183	facility, or residential care facility, other than a relative),
184	184	that person has to choose between acting as your agent or as your
185	185	health or residential care provider; the law does not allow a person
186	186	to serve as both at the same time.
187	187	You should inform the person you appoint that you want the
188	188	person to be your health care agent. You should discuss this
189	189	document with your agent and your physician and give each a signed
190	190	copy. You should indicate on the document itself the people and
191	191	institutions that you intend to have signed copies. Your agent is
192	192	not liable for health care decisions made in good faith on your
193	193	behalf.
194	194	Once you have signed this document, you have the right to make
195	195	health care decisions for yourself as long as you are able to make
196	196	those decisions, and treatment cannot be given to you or stopped
197	197	over your objection. You have the right to revoke the authority
198	198	granted to your agent by informing your agent or your health or
199	199	residential care provider orally or in writing or by your execution
200	200	of a subsequent medical power of attorney. Unless you state
201	201	otherwise in this document, your appointment of a spouse is revoked
202	202	if your marriage is dissolved, annulled, or declared void.
203	203	This document may not be changed or modified. If you want to
204	204	make changes in this document, you must execute a new medical power
205	205	of attorney.
206	206	You may wish to designate an alternate agent in the event that
207	207	your agent is unwilling, unable, or ineligible to act as your agent.
208	208	If you designate an alternate agent, the alternate agent has the
209	209	same authority as the agent to make health care decisions for you.
210	210	THIS POWER OF ATTORNEY IS NOT VALID UNLESS:
211	211	(1) YOU SIGN IT AND HAVE YOUR SIGNATURE ACKNOWLEDGED
212	212	BEFORE A NOTARY PUBLIC; OR
213	213	(2) YOU SIGN IT IN THE PRESENCE OF TWO COMPETENT ADULT
214	214	WITNESSES.
215	215	THE FOLLOWING PERSONS MAY NOT ACT AS ONE OF THE WITNESSES:
216	216	(1) the person you have designated as your agent;
217	217	(2) a person related to you by blood or marriage;
218	218	(3) a person entitled to any part of your estate after
219	219	your death under a will or codicil executed by you or by operation
220	220	of law;
221	221	(4) your attending physician;
222	222	(5) an employee of your attending physician;
223	223	(6) an employee of a health care facility in which you
224	224	are a patient if the employee is providing direct patient care to
225	225	you or is an officer, director, partner, or business office
226	226	employee of the health care facility or of any parent organization
227	227	of the health care facility; or
228	228	(7) a person who, at the time this medical power of
229	229	attorney is executed, has a claim against any part of your estate
230	230	after your death.
231	231	By signing below, I acknowledge that I have read and
232	232	understand the information contained in the above disclosure
233	233	statement.
234	234	(YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY. YOU MAY SIGN
235	235	IT AND HAVE YOUR SIGNATURE ACKNOWLEDGED BEFORE A NOTARY PUBLIC OR
236	236	YOU MAY SIGN IT IN THE PRESENCE OF TWO COMPETENT ADULT WITNESSES.)
237	237	SIGNATURE ACKNOWLEDGED BEFORE NOTARY
238	238	I sign my name to this medical power of attorney on __________
239	239	day of __________ (month, year) at
240	240	_____________________________________________
241	241	(City and State)
242	242	_____________________________________________
243	243	(Signature)
244	244	_____________________________________________
245	245	(Print Name)
246	246	State of Texas
247	247	County of ________
248	248	This instrument was acknowledged before me on __________ (date) by
249	249	________________ (name of person acknowledging).
250	250	_____________________________
251	251	NOTARY PUBLIC, State of Texas
252	252	Notary's printed name:
253	253	_____________________________
254	254	My commission expires:
255	255	_____________________________
256	256	OR
257	257	SIGNATURE IN PRESENCE OF TWO COMPETENT ADULT WITNESSES
258	258	I sign my name to this medical power of attorney on __________
259	259	day of __________ (month, year) at
260	260	_____________________________________________
261	261	(City and State)
262	262	_____________________________________________
263	263	(Signature)
264	264	_____________________________________________
265	265	(Print Name)
266	266	STATEMENT OF FIRST WITNESS.
267	267	I am not the person appointed as agent by this document. I am
268	268	not related to the principal by blood or marriage. I would not be
269	269	entitled to any portion of the principal's estate on the principal's
270	270	death. I am not the attending physician of the principal or an
271	271	employee of the attending physician. I have no claim against any
272	272	portion of the principal's estate on the principal's
273	273	death. Furthermore, if I am an employee of a health care facility
274	274	in which the principal is a patient, I am not involved in providing
275	275	direct patient care to the principal and am not an officer,
276	276	director, partner, or business office employee of the health care
277	277	facility or of any parent organization of the health care facility.
278	278	Signature:________________________________________________
279	279	Print Name:___________________________________ Date: ______
280	280	Address:__________________________________________________
281	281	SIGNATURE OF SECOND WITNESS.
282	282	Signature:________________________________________________
283	283	Print Name:___________________________________ Date: ______
284	284	Address:__________________________________________________
285	285	SECTION 5. Not later than December 1, 2021, the executive
286	286	commissioner of the Health and Human Services Commission shall
287	287	adopt the rules necessary to implement the changes in law made by
288	288	this Act.
289	289	SECTION 6. The changes in law made by this Act apply only to
290	290	a medical power of attorney executed on or after the effective date
291	291	of this Act. A medical power of attorney executed before the
292	292	effective date of this Act is governed by the law in effect
293	293	immediately before the effective date of this Act, and the former
294	294	law is continued in effect for that purpose.
295	295	SECTION 7. This Act takes effect September 1, 2021.