Texas Health and Safety Code 166.204 – Notice Requirements for Do-Not-Resuscitate Orders
(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 § 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 § 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 § 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 § 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.
Terms Used In Texas Health and Safety Code 166.204
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(b) Failure to comply with Subsection (a) or (a-1) or § 166.203(c) does not affect the validity of a DNR order issued under this subchapter.
(c) Any person, including a health care facility or hospital, is not civilly or criminally liable or subject to disciplinary action from the appropriate licensing authority for any act or omission related to providing notice under Subsection (a) or (a-1) of this section or § 166.203(c) if the person:
(1) makes a good faith effort to comply with Subsection (a) or (a-1) or § 166.203(c) and contemporaneously records in the patient’s medical record the person’s effort to comply with those provisions; or
(2) makes a good faith determination that the circumstances that would require the person to perform an act under Subsection (a) or (a-1) or § 166.203(c) are not met.
(d) A physician, physician assistant, or nurse may satisfy the notice requirement under Subsection (a) by notifying the patient’s known agent under a medical power of attorney or legal guardian or, for a patient who does not have a known agent or guardian, one person in accordance with the priority established under § 166.039(b). The physician, physician assistant, or nurse is not required to notify additional persons beyond the first person notified.
(e) On admission to a health care facility or hospital, the facility or hospital shall provide to the patient or person authorized to make treatment decisions on behalf of the patient notice of the policies of the facility or hospital regarding the rights of the patient and person authorized to make treatment decisions on behalf of the patient under this subchapter.