Texas Health and Safety Code

§ 166.039 — PROCEDURE WHEN PERSON HAS NOT EXECUTED OR ISSUED A DIRECTIVE AND IS INCOMPETENT OR INCAPABLE OF COMMUNICATION

HS § 166.039Title 2. HEALTH · Part H. PUBLIC HEALTH PROVISIONS · Ch. 166. ADVANCE DIRECTIVES · Art. B. DIRECTIVE TO PHYSICIANS

Statute text

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(a)If an adult qualified patient has not executed or issued a directive and is incompetent or otherwise mentally or physically incapable of communication, the attending physician and the patient's legal guardian or an agent under a medical power of attorney may make a treatment decision that may include a decision to withhold or withdraw life-sustaining treatment from the patient.

(b)If the patient does not have a legal guardian or an agent under a medical power of attorney, the attending physician and one person, if available, from one of the following categories, in the following priority, may make a treatment decision that may include a decision to withhold or withdraw life-sustaining treatment:

(1)the patient's spouse;

(2)the patient's reasonably available adult children;

(3)the patient's parents; or

(4)the patient's nearest living relative.

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Legislative history

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0502, eff. April 2, 2015.