Texas Health and Safety Code 166.087 – Procedure When Declarant Is Incompetent or Incapable of Communication
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(a) This section applies when a person 18 years of age or older has executed or issued an out-of-hospital DNR order and subsequently becomes incompetent or otherwise mentally or physically incapable of communication.
(b) If the adult person has designated a person to make a treatment decision as authorized by § 166.032(c), the attending physician and the designated person shall comply with the out-of-hospital DNR order.
Terms Used In Texas Health and Safety Code 166.087
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) If the adult person has not designated a person to make a treatment decision as authorized by § 166.032(c), the attending physician shall comply with the out-of-hospital DNR order unless the physician believes that the order does not reflect the person’s present desire.