Texas Health and Safety Code
§ 166.204 — NOTICE REQUIREMENTS FOR DO-NOT-RESUSCITATE ORDERS
HS § 166.204Title 2. HEALTH · Part H. PUBLIC HEALTH PROVISIONS · Ch. 166. ADVANCE DIRECTIVES · Art. E. HEALTH CARE FACILITY DO-NOT-RESUSCITATE ORDERS
Statute text
View on source(a)If an individual arrives at a health care facility or hospital that is treating a patient for whom a DNR order is issued under Section 166.203(a)(2) and the individual notifies a physician, physician assistant, or nurse providing direct care to the patient of the individual's arrival, the physician, physician assistant, or nurse who has actual knowledge of the order shall, unless notice has been provided in accordance with Section 166.203(c), disclose the order to the individual, provided the individual is:
(1)the patient's known agent under a medical power of attorney or legal guardian; or
(2)for a patient who does not have a known agent under a medical power of attorney or legal guardian, a person described by Section 166.039(b)(1), (2), or (3). (a-1) For a patient who was incompetent at the time notice otherwise would have been provided to the patient under Section 166.203(c)(1) and if a physician providing direct care to the patient later determines that, based on the physician's reasonable medical judgment, the patient has become competent, a physician, physician assistant, or nurse providing direct care to the patient shall disclose the order to the patient, provided that the physician, physician assistant, or nurse has actual knowledge:
(1)of the order; and
(2)that a physician providing direct care to the patient has determined that the patient has become competent.
(b)Failure to comply with Subsection (a) or (a-1) or Section 166.203(c) does not affect the validity of a DNR order issued under this subchapter.
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Legislative history
Acts 2023, 88th Leg., R.S., Ch. 915 (H.B. 3162), Sec. 8, eff. September 1, 2023.