Texas Health and Safety Code
§ 166.160 — LIMITATION ON LIABILITY
HS § 166.160Title 2. HEALTH · Part H. PUBLIC HEALTH PROVISIONS · Ch. 166. ADVANCE DIRECTIVES · Art. D. MEDICAL POWER OF ATTORNEY
Statute text
View on source(a)An agent is not subject to criminal or civil liability for a health care decision if the decision is made in good faith under the terms of the medical power of attorney and the provisions of this subchapter.
(b)An attending physician, health or residential care provider, or a person acting as an agent for or under the physician's or provider's control is not subject to criminal or civil liability and has not engaged in unprofessional conduct for an act or omission if the act or omission:
(1)is done in good faith under the terms of the medical power of attorney, the directives of the agent, and the provisions of this subchapter; and
(2)does not constitute a failure to exercise reasonable care in the provision of health care services.
(c)The standard of care that the attending physician, health or residential care provider, or person acting as an agent for or under the physician's or provider's control shall exercise under Subsection (b) is that degree of care that an attending physician, health or residential care provider, or person acting as an agent for or under the physician's or provider's control, as applicable, of ordinary prudence and skill would have exercised under the same or similar circumstances in the same or similar community.
(d)An attending physician, health or residential care provider, or person acting as an agent for or under the physician's or provider's control has not engaged in unprofessional conduct for:
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Legislative history
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 3.02(a), eff. Aug. 26, 1991. Renumbered from Civil Practice & Remedies Code Sec. 135.010 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.05, eff. Sept. 1, 1999.